Planning Commission - Regular Meeting

Hoy here. Oster here. Schmidz here. Sunny here. Pathy here. We have a quorum. Any conflicts of interest to declare? Hearing? None. We're moving on to approving the the agenda. Move to approve. Second. Second that we approve the agenda. Any further discussion on that item? Anybody in the audience? We're ready to vote then. All in favor say I. I. All oppose. Nay. Motion carried. Uh, next item would be to approve the meeting minutes from the last meeting. Move to approve. Second.

Second that we approve the meeting minutes. Any further discussion? We're ready to vote then. All in favor say I. I. All oppose. Motion carried. Next meeting is January 12th of 26, not 25. Be the first time and it won't be the last time. Uh move to set the date for the 26th. January 12 26. Yep. Second. Move. Second that we set the date. Any further discussion? Ready to vote then. All in favor say I.

I. All opposed. Motion carried. First item on the agenda is a plan approval for Commerce Marketing Group 2 LLC. It's in the 1600 block of North Commerce Street zoned highway oriented business district. This should look pretty familiar to you. We've had a couple plats for this area um and a tiff for this area as well. And now they're moving forward. Uh building permit will be coming shortly. So they had asked to have this on planning commission since this is in highway business. So you have the GIS of the overall area of this. Um then we get into their plans a little bit. Um just their what the building will look like from the front view facing Highway 37 bypass. Um their the site plan originally for what it looks like for contours of lines in the area. Um then we get kind of more into a little more detailed for um their parking. Um they have enough parking per the ordinance. Um with the 319 seats um they only need 107. They have 136 total parking spaces there. So that meets the ordinance requirements. Um, next page has the landscaping. Um, they only need 22 or 23 uh trees on here. They have 27 plus. Um, so they meet the landscaping as well for that. Um, they do have a interior site plan. Um, this really isn't necessarily needed, but I just pulled it out of their packet. um just to give you kind of a layout of how the whole building will be. Um and then the following page has some 3D renderings for what the building will look like, kind of the materials that will be used to what those will look like as well. Um I can answer any questions that you have for me applicants here if you have any questions for them as well.

Any concerns from the city at all? I know Joe's not here, but no, it'll still have to go through the standard uh building permit process for approvals from civil and everything like that. Any questions, comments? Hearing none, we're ready to vote then or get a motion. Move to approve second. Got a first and a second. Any further discussion? It's the owner or the applicant want to add anything. Okay, we are ready to vote then. All in favor say I. I.

All oppose? Nay. Motion carried. Next item is a plot or a plat for Maui Farms. Legal descriptions in the packet. City of Mitchell Davidson County. Sits out in Maui Farms edition. Um they're following their master plan slot 53. Um, nothing out of the ordinary with this plan at all. Answer any questions you have. Applicants here if you have any questions for them. Move to approve. Second. Second that we approve the plat as presented. Any further discussion? Is there anybody in the audience that wants to address this? All in favor say I. I. All

oppose. Nay. Motion carried. Next item is a plat for CJM Consulting. Legal descriptions in the packet. Um this is zoned in TWWC. Um they're kind of following along with their master plan for the area. Um as you can see on the the plat itself has some existing drainage easements around the area. Um and then also on lot five um the different easements that are um on this as well for the 20 foot wide and the 25 foot wide easements kind of going around the whole exterior of this property um for them to be able to build in the middle of it. can answer any questions that you have with this as well. Applicants here if you have any questions for them too. Any questions, guys? Ready for a motion? We got a motion to approve

and a second. Is there any further discussion? Anybody in the audience ready to vote then? All in favor say I. I. All oppose, nay. Motion carried. Next item on the agenda is a plat for Lyall and Jennifer Herring Trust. The legal description again is in the packet.

This should look familiar to you as well. Um they just recently reszone part of their land. So that way it's all zoned the same. Now do the next step in the process of platting this out which will now uh this line right here that's yellow and this line right here because it was three different parcels. Now it all becomes one parcel with this plat. So they're doing some cleanup for tax purposes. I can answer any questions that you have. So, is this the first one that's going across and all this? Uh, I notice like in the middle here, you got uh must be all trees there now, but this

all trees. Yep. So, this will just be one complete big parcel of 2.29 acres. Before it was broken up into three different ones. It was lot B, lot 5A, and lot five. So, you think they're going to just kind of keep following this situation or it's You could see more in the future of this as well. Yes. Because I was just wondering if somebody come in and bought that or whatever. Is there easements and all that?

The drainage easements that are there still stay with this new plat. Um if there's any other easements that we don't have. Um obviously they would have researched at the registered deeds to see if there were any uh ingress or egress easements and they would have put them on the splat as well if there were anything. Um but right now it just becomes one lot for them to have as instead of three. Any other questions? Hearing none. I'm ready for a motion. Move to approve. Second.

Move and second that we approve the plaid as presented. Is there any further discussion? Anybody in the audience? We're ready to vote then. All in favor say I. I. All oppose? Nay. Motion carried. Next item is a plat for Dream Makers LLC and RW LLC. Uh legal description is in the packet.

Currently, um there's a couple different lots with this. So lot C actually if you let's go up to this one. Lot C is this red boundary coming around and it actually goes through the drainage track or what will be lot B and comes around. Lot B is this rectangle that goes all the way around and then Dream Makers owns this piece that comes around and up and in. Um because uh they are going to be deeding this drainage bond to the city. Um we are creating lot D which is owned by RW LLC and Dreamacres LLC. Um that will vacate this parcel line and this parcel line. And because we're plotting it at this time, they're also combining lots of B and C into one parcel. Um so that way that this line goes away as well. Um there was on the plat itself um the preliminary which is right here has a 10- foot easement. Um the city has actually requested a 20. I don't have the correct one on Oh yeah. Um it's right here is a 20 foot where it says it. Originally there was a 10 foot uh for ingress and eress. We requested a 20 foot which they have granted to us because of the size of that pond machinery getting in and out of there. We need a little bit bigger easement. And then also in the owner certificate um there was a mistake um that has been corrected on this one which is right here. It said lots B and D and D instead of B and C and D. So I do have an updated plat of this. So if you are going to approve this plot I ask that you do it with the amendments. Um I can answer any questions that you have.

So we're creating pretty big lots. Is there any kind of a retention pond requirement in the new lots? Are we and we're vacating it? So, we're not vacating it but deeding it back. I mean, are we creating situation later where we might regret that? It it was a private one before. Now, it's going to become a public to the city after we get it. So, they'll still have to if they do any development in this area, they'll have to follow the city's development standards. Kind of gets grandfathered in until they do something different. Yep. Okay. Any questions, guys? Comments?

Hearing? None. I'm ready for a motion. Move to approve. Second. Move and second that we approve the plat as presented and amended with amend. Yep. Thank you. Is there any further discussion? Anybody in the audience want to address this? We are ready to vote. All in favor say I. I. All oppose, nay. Motion carried. Next item on the agenda is a plat for Mitchell Christian Education Association. Legal description again is in the packet.

This is going along the bypass. Mitchell Christian, excuse me, Mitchell Christian Education Association owns this piece of property. Um they are working with the state right now as is the city um for sidewalk along the bypass. And this is part of that project. Um, originally they were talking about possibly putting the sidewalk out here along the bypass. Um, but after doing some consulting within for the state, they said no because this is technically wetland. So now they have to bring the sidewalk in through here and up and around this whole wetland area. So, the state is working to work as the middleman to purchase it for the city of Mitchell to then get the sidewalk to go around that. Um, on the plat itself, there are a couple changes for this. Um, talking with the register of deeds, this portion right here can be taken out. So, it's just going to be the legal be in Mitchell Christian edition to Mitchell, Davidson County, South Dakota. we don't need to have the the accept lots one, two, and block three. Um, so that will follow through through the rest of the plat anywhere there's the legal description, they'll eliminate that verbiage. And then also in the owner certificate, they just have it as Mitchell Christian School. That's not the correct owner. It's the Mitchell Christian Education Association. So, there'll be a couple amendments on this that we'll I'll receive later this afternoon. And I don't know why that just went really blurry. So, they're going to come back and pave that sidewalk after all the bike paths are there anyway because everybody's going to short that.

You're saying it's You think they're all going to go? It's a rhetorical question, but right here. Yeah, they're going to short that, right?

Oh, no. Because it'll be a nice wide path there. Um, I do have that That's how the sidewalk will be going around there all down and then also sidewalk to connect to where it ends on 16th Avenue as well. There are some other easements that are be going with this for some drainage, but that's not part of this plaque at all. Yeah, is the first step in getting it all taken care of.

Y any questions, comments? Hearing none. Ready for a motion? With the amendments. With the second. Moved and seconded that we approve it with the amendments. Any further discussion? Anybody in the audience ready to vote then? All in favor say I. I. All oppose, nay. Motion carried. Next item is the review of South Dakota open meeting materials. Mark, I'm going to turn this one over to council to let him go through it so I don't say something wrong.

Sounds good.

I'm pretty sure you can read it as well as I can, Mark, but we can go through. Uh you might want to zoom out a little bit for me just so I'm not missing anything on the page. But um so um and due to changes in the state uh changes made in the state legislature last year, it's now a requirement to review these on an annual basis for any uh South Dakota public bodies. So that's why we're here today. council's previously done uh or reviewed this presentation and the attorney general materials and we'll just kind of walk through them here today. Um so basics here South Dakota political subdivision subdivisions exercising sovereign power are required to follow the state's open meetings laws includes ensuring official meetings are open to the public providing adequate notice to the public of meetings and allowing public comment periods at official meetings. uh we're going to highlight common issues, but we're not going to cover the entire open meetings logs. And if there are additional questions uh or for more detail, we can check the attorney general's office brochure which has uh more detail in that. So, who must follow open meeting laws? that is uh all political subdivisions of South Dakota which exercise sovereign power and that means that any public body of the city that has the authority to exercise sovereign power such as implementing taxes creating regulations imposing penalties etc. uh that must comply with the open meetings laws and obviously because you're getting this presentation you fall under that. Public bodies that are advisory only are not required to comply with the open meetings laws. Each public body of the city has the authority to exercise sovereign power. Uh must review these on an annual basis.

Like I said, um what are open meetings? Open meetings include all official meetings of the political subdivision. This is when a quorum of members are present and official business or public policy of the body is discussed or decided. Open meetings include in-person meetings, but can also include teleconferences, group texts, group emails that include a quorum where official business or public policy of the political subdivision is discussed or decided. How's the public notified? Uh generally a political subdivision is required to post a notice for an official meeting at least 24 hours in advance. Less than 24 hours notice is permitted under certain circumstances, but as much notice as possible should still be provided. The notice must include the date, time, and location of the meeting and the items proposed to be discussed. The notice must be posted at the political subdivision's principal office and on its official website. It must also be delivered to all local news media that have asked to be notified. Political subdivision is required to provide meeting materials on its website at least 24 hours in advance or when the materials are provided to board members, whichever is later. And how can the public participate? Public is entitled to attend open meetings and may record the meetings if the recording is reasonable, obvious, and not disruptive. The political subdivision must also allow public comment at official meetings except for those held exclusively for certain purposes. We're not going to get into the details on that. Political subdivision may limit public comment as to the time allowed for each topic and as to the total time allowed for public comment. Public is not entitled to attend or participate in political subdivisions executive sessions.

When can a meeting be closed? political subdivision can hold private executive sessions that are closed to the public and media. Uh South Dakota Codified Law 1-25-2 provides several categories of discussions that may be done in executive session. And executive session may also be held when the federal or state constitution or federal or state statutes require or permit it. To enter executive session, the political subdivision must make a motion to enter executive session and cite the statute that applies to the discussions that will be held. Discussions in executive session are limited to the cited statute. No action may be taken during executive session. Any action to be taken relative to matters discussed in executive session must be done once the political subdivision has returned to open session. And that's all that we're going to get into for the purposes of this presentation. Um, as I discussed, the attorney general's brochure is provided as well, covers a couple of other topics, um, and provides a little bit more detail. So, for today, uh, we can open open it up to any questions that you might have. And hearing none, you can probably move on to the next item.

All right. Is there any other business to come before this board? If you need to address the board 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. Seeing no one coming forward, we are adjourned.