REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS, CITY HALL MITCHELL, SOUTH DAKOTA September 6, 2022 6:00 P.M. PRESENT:Dan Allen, Marty Barington, John Doescher, Kevin McCardle, Steve Rice, Dan Sabers, Jeffrey Smith, Susan Tjarks ABSENT: PRESIDING: Mayor Bob Everson AGENDA: Moved by Allen, seconded by Rice, to approve the following items on the consent agenda: a. City Council Minutes 1. City Council August 15, 2022. b. Committee Reports 1. Planning Commission August 8, 2022. c. Automatic Supplement to Parks-Cadwell from insurance proceeds in the amount of $13,168.00. d. Accept SD DOH Health Improvement Innovation Grant. e. Acceptance of Amendment 5310 SD DOT Grant funds. f. Special Event Permit for River Tree Church Block Party on September 11, 2022. g. Special Event Permit for Oktoberfest on October 8, 2022. h. Noise Permit for Back 40 on September 16 and 17, 2022. i. Noise Permit for Iverson Auto on October 8, 2022. j. Raffle Permits 1. Longfellow PTO with the drawing to be held on October 14, 2022, 2. Corn Palace Shrine Club with the drawing to be held on October 28, 2022, and 3. Dakota Riptide Swim Club with the drawings to be held twice a month in 2022 and three drawings in 2023. k. Declare property surplus to be sold on Purple Wave Auction and a patrol car to be used for parts. l. Volunteer Board Appointments 1. Wendy Linke to the Community Services Advisory Board for a term to run July 2022- June 2025 and 2. Tiffany Batdorf to the Corn Palace Events & Entertainment Board for a term to run October 2022-September 2025. m. Set date of September 19, 2022 for hearing for tax levies to be certified to County Auditor. n. Set date of September 19, 2022 for hearing on Special Assessment Roll. o. Approval of Gas and Fuel Quotations Vollan Oil On Road Diesel-#2 Requested Gallons: 1,800 Bid Gallons: 1,800 Price per Product: $4.2485 Total Bid: $ 7,647.30 Vollan Oil Off Road Diesel-#2 Requested Gallons: 5,700 Bid Gallons: 5,700 Price per Product: $4.0294 Total Bid: $22,967.58 Total Bid: $30,614.88 p. Pay Estimates September 6, 2022 Pay Estimate #19 in the amount of $630.00 for Dailey Drive Lift Station #2020-12 contracted to SPN & Associates, Pay Estimate #3 in the amount of $144,457.52 for Foster Street Bridge #2021-02 contracted to BX Civil & Construction, Pay Estimate #13 in the amount of $17,300.00 for Foster Street Bridge #2021-02 contracted to Brosz Engineering, Pay Estimate #3 in the amount of $46,707.50 for 9th & 5th Reconstruction #2021-07 contracted to Brosz Engineering, Pay Estimate #2 in the amount of $537,361.61 for 9th & 5th Reconstruction #2021-07 contracted to Menning Excavating, Pay Estimate #2-2 in the amount of $10,293.00 for Lake Mitchell-Phase II #2021-20 contracted to Barr Engineering, Pay Estimate #2-3 in the amount of $24,767.16 for Lake Mitchell-Phase II #2021-20 contracted to Barr Engineering, Pay Estimate #17 in the amount of $63,334.75 for North Wastewater Improvements #2021-31 contracted to HDR Engineering, Pay Estimate #3 in the amount of $9,270.00 for Ohlman & 23rd Lift Station #2022-03 contracted to SPN & Associates, Pay Estimate #4 in the amount of $4,356.00 for Quince Street Design #2022-07 contracted to SPN & Associates, Pay Estimate #3 in the amount of $5,651.50 for 1st/Main & 7th/Main Signals #2022-08 contracted to HR Green, Pay Estimate #4 in the amount of $3,825.00 for 223 North Main Window Repair #2022-24 contracted to Custom Carpentry, and Pay Estimate #1 in the amount of $463.58 for 2022 Bridge Inspections contracted to SD DOT. q. Approve Bills, Payroll, Salary Adjustments and New Employee Hires and Authorize Payment of Recurring and other expenses in advance as approved by the Finance Officer. PAYROLL AUGUST 7, 2022 – AUGUST 20, 2022: City Council $3,411.04, Mayor $1,474.35, City Administrator $5,686.92, Attorney $4,601.23, Finance $11,363.08, Human Resources $3,703.81, Municipal Building $3,139.60, Information Technology $2,844.80, Police $70,768.50, Traffic $5,449.47, Fire $39,269.12, Street $33,469.35, Public Works $17,934.28, Cemetery $6,379.19, Animal Control $1,630.08, Library $14,940.25, Recreation & Aquatics $14,973.27, Recreation Center $14,156.38, Sports Complexes $18,500.11, Cadwell Concessions $380.10, Parks $15,408.12, Supervision $5,666.66, E911 $21,202.24, MVP $499.66, Palace Transit $23,873.22, JVCC $969.46, Nutrition $3,980.00, Water Distribution $11,978.82, Sewer $15,391.83, Airport $2,672.72, Recycling Program $6,902.42, Waste Collection $7,022.05, Landfill $9,317.63, Corn Palace $23,588.27, Golf Course $6,309.10, Campground $2,217.60, Emergency Medical Services $35,168.33. NEW HIRES: GOLF: Patrick Starr-$11.95 LIBRARY: Karley Downham-$10.45 PALACE TRANSIT: Rex Crockett-$19.155 RECREATION CENTER: Susan Bennett-$15.00, Regan DeBoer-$11.95, Renee Michael-$13.45 SPORTS COMPLEXES: Jared Miller-$12.45 SALARY ADJUSTMENTS: PARKS: Brady Andera-$21.407 POLICE: Andrew Becker-$29.159 WASTE WATER: Jonathan Rehfeldt-$24.834 TERMINATIONS: FIRE: Ashly Perez Franco RECREATION & AQUATICS: Ciara Blake, Estella Bullis, Kelsey Dahme, Hope Flippin, Javin Juracek, Kennedy Kahler, Nancy Leach, Claire Lepke, Maggie Reynen, Lori Schmidt, Morgan Schneider, Kylie Swanson, Lauren Van Overschelde, Tristen Zimmer RECREATION CENTER: Morgan Lambert WARRANTS: A&B Business Solutions, Supplies-$3,872.91; A-Ox Welding Supply, Rental-$93.40; AAA Collections, Refunds-$177.54; AFLAC, Aflac Withholding-$10,467.68; AFLAC Group, Critical Care-$551.70; AFSCME Council 65, Union Dues-$535.94; Agronomy Plus, Roundup-$120.00; Amazon Capital Services, Supplies-$2,687.88; Anita Sutherland, Refund-$200.00; Aramark Uniform Services, Supplies-$279.08; Archaeological Research, Trail Project-$1,058.25; Arctic Refrigeration, Repair-$243.80; Arley K Fadness, Book-$21.50; AT&T Mobility Police, Utilities-$477.62; ATV Holdings, LLC DBA Mitchell Telecom, Utilities-$158.62; Auto Body Specialties, Supplies-$11.05; Automatic Building Control, Monitor Contract-$1,324.00; Avera Occupational Medicine, Physical-$905.00; Avera Queen of Peace Hospital, Supplies-$118.52; B&H Tree Service, Service-$2,100.00; Bailey Metal Fabricators, Repair-$83.37; Baker & Taylor, Books-$974.82; Barr Engineering, #2021-20 P.E.#PH2-2-$35,060.16; Beacon Athletics, Supplies-$465.00; Bechen Electric, Supplies-$4,696.52; Bender’s Sewer Cleaning, Maintenance-$1,420.00; Best Western Ramkota Inn, Travel-$253.98; Big Daddy D’s, Contact Services-$9,024.80; Blackstone Publishing, Audo Books-$36.00; Blackstrap, Supplies-$11,459.21; Bound Tree Medical, Supplies-$75.15; Brosz Engineering, #2021-2 P.E.#13-$64,007.50; Builders First Source, Supplies-$134.00; Butler Machinery, Supplies-$1,064.28; BX Civil Engineering, #2021-2 P.E.#3-$144,457.52; C&B Operations, Repair-$115.96; C&D Pedal Pulls, 2022 Pedal Pull-$1,650.00; Carquest Auto Parts, Supplies-$36.40; Casa - First Circuit, Grant-$2,250.00; CDW Government, Supplies-$370.11; Cengage Learning, Book-$518.21; Center Point Large Print, Books-$91.68; Central Electric, Utilities-$1,427.27; Century Link, Utilities-$0.12; Chesterman, Supplies-$1,619.44; CHR Solutions, Billing July-$3,374.93; City of Mitchell, Travel-$8,000.00; City of Mitchell, Golf Course Deduction-$1,885.87; City of Mitchell, Recreation Deductions-$1,986.02; City of Parkston, Travel-$9,000.00; Claims Associates, Liability-$1,007.71; Commercial Recreation Specialist, Supplies-$37,332.00; Community Services, Reimbursement-$84,000.00; Core & Main, Maintenance-$20,871.05; Core-Mark Midcontinent, Supplies-$11,986.84; Corn Palace, Supplies-$14.58; Corporate Translation Service, Translation Service-$81.06; Dak Tech, Supplies-$1,933.00; Dakota Pump, Maintenance-$11,926.15; Dakota Supply Group, Supplies-$261.02; Darrington Water Conditioning, Rental-$59.30; Dell Marketing, Supplies-$1,726.00; Delta Dental Plan of South Dakota, Dental Insurance-$13,901.18; Demco, Supplies-$164.92; Department of Social Services, Child Support-$1,008.46; Detco, Fedex Track-$2,004.68; Dice Benefits Consulting, July Fees-$498.00; Dick’s Body Shop, Repair-$95.00; Dick’s Towing, Tow-$150.00; Diesel Laptops, Supplies-$220.86; Dimock Dairy, Cheese-$412.50; Doug Bormann, Fundraising-$225.00; Doug L Driggs, #2022-24 P.E.#4-$3,825.00; Emergency Safety Education, Training-$25.00; Environmental Resource, Supplies-$418.23; Eric Hieb, Contract Services-$7,748.52; Etix, Ticket Sales-$175.10; Etterman Enterprises, Supplies-$113.46; Farmers Alliance, Supplies-$4,584.09; Fedex, Shipping-$15.68; First National Bank Omaha, Supplies-$8,113.29; Fischer, Rounds & Associates, Notary Bond Fee-$80.00; Fisher Scientific, Supplies-$1,066.04; Floor To Ceiling Store, Supplies-$143.20; Forum Communications, Publications-$1,679.35; Gaylen’s Homegrown Popcorn, Supplies-$1,482.00; Gold Medal Products, Supplies-$374.82; Golden West Technologies, Maintenance-$150.00; Graham Tire, Supplies-$180.80; Grainger, Supplies-$158.11; Hach, Supplies-$2,969.12; Harve’s Sport Shop, Supplies-$357.72; Hawkins, Chemicals-$3,709.66; HDR Engineering, #2021-31 P.E.#17-$63,334.75; Henry Schein, Supplies-$1,452.23; Honda of Mitchell, Supplies-$144.32; Howes Oil, Supplies-$23,206.12; HR Green, #2022-8 P.E.#3-$5,651.50; Ingram Library Services, Books-$846.83; Innovative Intelligent Products, Equipment-$3,537.36; Innovative Office Solution, Supplies-$53.26; Interstate Office Products, Supplies-$100.95; Jacki Larson, Reimbursement-$39.99; James Valley Nursery, Repair-$2,371.14; Jebro, Asphalt-$230,392.08; Johnson Controls, Supplies-$5,202.00; Johnson South Dakota, Supplies-$1,312.20; Jones, Supplies-$1,872.51; Josh Harvey, Reimbursement-$9.98; Josh’s Tools, Supplies-$1,020.01; Kevin Reed, Reimbursement-$179.98; Kimball-Midwest, Supplies-$295.86; Kiwanis Club of Mitchell, Palace City Half Marathon-$3000.00; KORN/KQRN Radio, Advertising-$1,000.00; Krohmer Plumbing, Repair-$260.20; Leighton Family Farms, Supplies-$600.00; Locators and Supplies, Shipping-$20.04; M&T Fire and Safety, Supplies-$686.80; Make It Mine Designs, Supplies-$57.00; Matt Geidel, Reimbursement-$159.99; McLeod’s Printing, Shipping-$3,265.92; Menard’s, Supplies-$1,245.53; Menning Excavating, #2021-7 P.E.#2-$537,361.61; Meyers Oil, Supplies-$6,482.55; Michael Todd & Company, Supplies-$900.34; Microsoft, Online Service-$910.00; Midamerica Books, Books-$281.30; Midcontinent Communication, Utilities-$251.29; Midcontinent Communication, Advertising-$2,326.00; Midway Service/Vollan Oil, Supplies-$30,635.25; Midwest Fire & Safety, Supplies-$169.00; Midwest Laboratories, Testing-$891.52; Millennium Recycling, Single Stream Fee-$2,618.70; Mitchell Animal Rescue, Impounding-$350.00; Mitchell Concrete Product, Supplies-$70.00; Mitchell Exchange Club, Supplies-$133.00; Mitchell Iron & Supply, Supplies-$33.40; Mitchell United Way, United Way Deductions-$197.66; Motorola Solutions, Radio-$54,592.65; Muth Electric, Supplies-$1,973.01; Napa Central, Supplies-$493.62; Natural Formulations, Supplies-$773.86; NBS Calibrations, Repairs-$183.00; North Central Seed, Supplies-$985.50; Northwest Pipe Fittings, Maintenance-$1,566.62; Northwestern Energy & Communication, Utilities-$67,077.41; O’Reilly Automotive, Supplies-$8.18; Odeys, Supplies-$423.00; Oh My Carpet, Supplies-$800.80; Outsound Productions, Equipment Labor-$2,161.00; Overdrive, Supplies-$675.95; Palace Transit, Transportation-$10,860.00; Pepper Entertainment, Supplies-$300.00; Pepsi Cola, Supplies-$1,880.73; Peterbilt of Sioux Falls, Supplies-$1,678.74; Porter Distributing-Supplies-$1,936.80; Postal Solutions, Mailing Service-$4,748.79; Premier Pest Control, Contract Services-$400.00; Public Health Laboratory, Lab-$817.00; Qualified Presort, Mail Service-$451.73; Quick Med Claims, Monthly Contract-$2,369.44; Roy King, Fundraising-$225.00; Runnings, Supplies-$1,788.14; Santel Communications, Utilities-$106.16; Schmucker Paul & Nohr, #2020-12 P.E.#19-$14,256.00; Schoenfelder Portables, Rental-$375.00; Scott Supply, Supplies-$7.30; South Dakota Department of Transportation, #2022 Bridge #1-$463.58; South Dakota Federal Property Agency, Supplies-$101.00; South Dakota Municipal League, Conference-$800.00; South Dakota Newspaper Services, Advertising-$994.20; South Dakota Retirement System, Retirement Contributions-$54,080.22; South Dakota Supplemental Retirement, Supplemental Retirement-$3,444.80; South Dakota Supplemental Roth 457, Roth 457 Contributions-$1,258.50; South Dakota Solid Waste Manager Association, Membership Dues-$550.00; South Dakota Waste Water Association, Annual Conference-$260.00; Sherwin-Williams, Supplies-$235.37; Siteone Landscape Supply, Chemicals-$1,151.96; South Dakota 811, Professional Service-$313.95; Standard Insurance, Life Insurance-$2,447.92; Staples, Supplies-$421.05; Sturdevants Mitchell, Supplies-$1,133.31; Subway, Meals-$37.45; Sun Gold Sports, Supplies-$765.00; Superior International, Capital Equipment-$92,941.71; Tessier’s, Supplies-$1,749.83; Thune True Value Hardware, Supplies-$322.43; Tim’s Towing & Recovery, Tow-$1,000.00; TMA Stores, Supplies-$467.44; TMBC, 2023 Tracker Marine-$28,822.50; Tractor Supply Credit Plan, Supplies-$129.98; Traffic Control, Repair-$7,350.00; Transource, Supplies-$1,635.23; Travis Hohrman, Reimbursement-$350.00; Tri Air Testing, Air Testing-$206.45; Trizetto Provider Solution, Professional Service-$81.80; Two Way Solutions, Supplies-$935.46; Tyler Technologies, Maintenance-$884.52; United Parcel Service Store #4227, Postage-$34.55; Verizon Wireless, Utilities-$374.13; Vern Eide Chevrolet Buick, Tow-$107.00; Vern Eide Ford Lincoln, Supplies-$24.95; Walmart/Capital One, Supplies-$171.86; Wheelco Brake & Supply, Supplies-$828.17; Wholesale Electronics, Supplies-$81.32; Young Grave Service, Rental-$800.00; Zimco Supply, Supplies-$105.49. Members present voting aye: Allen, Barington, Doescher, McCardle, Rice, Sabers, Smith, Tjarks. Members present voting nay: none. Motion carried. CITIZENS INPUT: Mayor Everson stated the ‘Corn Kid’ visited the Corn Palace over the weekend. Elizabeth Luczak, MMSB Event Coordinator, promoted Oktoberfest on October 8th. Council Member Dan Sabers stated the first MAHI home was delivered today. Mitchell Township resident, Sonja Vanerdewyk, spoke regarding election integrity. Mitchell resident, Steve Sibson, remarked on the indoor aquatic center and wondered how much has been paid by the swim club towards the club’s contribution. Mayor Everson stated $800,000 of the contribution has been paid. Council Member Kevin McCardle asked Corn Palace Director Doug Greenway for an update on festival numbers. Greenway stated the board will meet on Tuesday and the full report will be finalized at that time. BOARD OF ADJUSTMENT: Moved by Barington, seconded by McCardle, for the City Council to recess and sit as the Board of Adjustment. Motion carried. It was advised that this is the date and time set for hearing on the application of Troyer Homeworks on behalf of James and Margo Taylor for a side-yard corner variance of 0’ vs 20’ to construct a three-season room on an existing deck located at 723 West 4th Avenue, legally described as Lots 6 & W ½ of Lot 5, Block 100, Lawler’s 2nd Addition, City of Mitchell, Davison County, South Dakota. The property is zoned R2 Single Family Residential District. The Planning Commission recommended approval of said application. Moved by Sabers, seconded by Tjarks, to approve said application. Motion carried. Moved by Barington, seconded by Allen, to set date for September 19, 2022 on the application of Jacob and Jena Sonne for a conditional use permit to operate a family residential daycare located at 1120 Sunnyside Ct, legally described as Lot 10, RW Mueller’s 1st Addition, a subdivision of Portions of Block 7 & 8, Sunnyside Addition, City of Mitchell, Davison County, South Dakota. Motion carried. Moved by Smith, seconded by Tjarks, to set date for September 19, 2022 on the application of Flats on Havens LLC for a conditional use permit to operate a multi-family dwelling located at 1525 West Havens, legally described as Block 4, Sunnyside Addition, City of Mitchell, Davison County, South Dakota, except the E 175’ thereof; except the N 151.45’ of the W 167’ thereof; except the N 50’ of the W 50’ of the S 165’ of the E 55’ of Block 4 thereof; and except Lots H-4 and H-5. Motion carried. Moved by McCardle, seconded by Rice, to set date for September 19, 2022 on the application of HiWings LLC for a conditional use permit to operate an assembly hall located at 40580 250th Street, legally described as Kelley Tract 1, a subdivision of the SW ¼ of the SE ¼, Kelley Tracts 1A and 2, a subdivision of the S ½ of the SE ¼, W 208.75’ of S 208.75’ of the SE ¼ of the SE ¼; all in Section 36, T 104 N, R 60 W of the 5th P.M., City of Mitchell, Davison County, South Dakota. Motion carried. Moved by Allen, seconded by Rice, for the Board of Adjustment to adjourn and the City Council to reconvene in regular session. Motion carried. HEARINGS: It was advised that this is the date and time set for hearing on the application of the Palace City Lions for a Special Event Liquor License located at the DWU Sherman Center for September 30, 2022 for the DWU Alumni Blue & White Unite. Notice of hearing has been given and affidavit of publication is on file. Moved by McCardle, seconded by Barington, to approve said application. Motion carried. It was advised that this is the date and time set for hearing on the application of the Scoreboard Pub & Grille for a Special Event Liquor License located at Iverson Auto south building and parking lots for October 8, 2022 for a private event. Moved by Sabers, seconded by Smith, to approve said application. Motion carried. CONSIDER APPROVAL: Moved by McCardle, seconded by Tjarks, to approve the special event permit for Raise Em Rank Bull Riding on September 16-17, 2022. Motion carried. Moved by Rice, seconded by Sabers, to approve the special event permit for the 437 Project on September 24, 2022. Motion carried. Moved by Rice, seconded by Allen, to approve the Release of Easement in Kippes’ Wedgewood Estates. Motion carried, Moved by Rice, seconded by Allen, to approve Amendment #1 to Agreement #A2022-15, Quince Street Design from Miller Street to Wisconsin Street with SPN & Associates in the amount of $10,200.00. Motion carried, Moved by Tjarks, seconded by Smith, to approve Agreement #A2022-32, Kelly Wetland Project #2021-41 with Kogel Archaeological Consulting Services in an amount not to exceed $6,800.00. Motion carried, Moved by Tjarks, seconded by Rice, to approve Agreement #A2022-33, 3rd & Main Streetscape Improvements Project #2022-26 with McLaury Engineering in an amount not to exceed $77,456.00. Sabers voting nay. Motion carried, Moved by McCardle, seconded by Tjarks, to approve Agreement #A2022-34, Rural Fire Protection and Suppression Services with Mitchell Rural Fire District. Motion carried, AWARD BID: Bids were opened and read on Pump Station and Ground Storage Reservoir Project #2020-20 on the 24th day of August, 2022. Moved by Smith, seconded by Tjarks, to award contingent on DANR approval and acquiring additional funds, as follows: PUMP STATION AND GROUND STORAGE RESERVOIR PROJECT #2020-20 Stanek Constructors, Inc., 651 Corporate Circle, Suite 108, Golden, CO 80401 Total Bid $11,518,800.00 Motion carried. HEARING: It was advised that this is the date and time set for hearing on the proposed resolution Levying Business Improvement District #3 Special Assessments. There was no discussion. RESOLUTION: Moved by Allen, seconded by Tjarks, to approve Resolution #R2022-46, Levying Business Improvement District #3 Special Assessments for 2022-2023, as follows: RESOLUTION NO. R2022-46 A RESOLUTION IMPLEMENTING AN OCCUPATIONAL TAX FOR BUSINESS IMPROVEMENT DISTRICT #3 WHEREAS a public hearing was held on September 6, 2022 by the City Council for the City of Mitchell, South Dakota regarding levying of special assessment for properties included in Business Improvement District #3 (BID #3); and WHEREAS the City Council following said hearing has determined that the special assessments are proper and reflect the special benefit to each property proposed to be assessed; and WHEREAS the assessment roll has been reviewed and found to be acceptable; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mitchell, SD that: 1. That as required by Ordinance #O2018-05, a BID #3 assessment “year” is hereby established to begin on July 1st and continue until June 30th of the following year. 2. The special assessments for BID #3 as outlined in the attached assessment roll are hereby levied against the properties listed in the assessment roll. 3. These assessments shall be due and payable in two installments, the first half due on or before December 31, 2022 and the remainder due on or before June 30, 2023. The assessments shall be collected under Ordinance #O2018-05 and Plan Two as provided by SDCL 9-43-102. 4. Such assessments shall be subject to the provisions of Ordinance #O2018-05. Motion carried and resolution declared duly adopted. The assessment roll shall be open for public inspection at the Finance Office in City Hall. ORDINANCES: Moved by Allen, seconded by Barington, to place Ordinance #O2022-12, Rezoning the NE ¼ except Lot A of C Andersons First Addition of Section 35, T 103 N, R 60 W of the 5th P.M., Davison County, South Dakota from UD Urban Development to I Industrial District on second reading. Motion carried. Moved by Rice, seconded by McCardle, to adopt Ordinance #O2022-12, Rezoning the NE ¼ except Lot A of C Andersons First Addition of Section 35, T 103 N, R 60 W of the 5th P.M., Davison County, South Dakota from UD Urban Development to I Industrial District, as follows: ORDINANCE NO. O2022-12 AN ORDINANCE OF THE CITY OF MITCHELL, THAT CHANGES THE ZONING DISTRICT CLASSIFICATION OF THE REAL PROPERTY LEGALLY DESCRIBED AS; NE ¼ Ex Lot A of C Andersons First Addition of Section 35, T 103 N, R 60 W of the 5th P.M., Davison County, South Dakota; be changed from UD Urban Development District to I Industrial District AND THE OFFICIAL ZONING MAP BE CHANGED TO REFLECT THE SAME. BE IT ORDAINED BY THE CITY OF MITCHELL, DAVISON COUNTY, SOUTH DAKOTA: Section 1: THE ZONING DISTRICT CLASSIFICATION OF THE REAL PROPERTY LEGALLY DESCRIBED; NE ¼ Ex Lot A of C Andersons First Addition of Section 35, T 103 N, R 60 W of the 5th P.M., Davison County, South Dakota; be changed from UD Urban Development District to I Industrial District AND THE OFFICIAL ZONING MAP BE CHANGED TO REFLECT THE SAME. Section 2. The City Finance Officer shall publish notice of this ordinance and the same shall be effective 20 days after the completed publication thereof, unless the referendum shall be invoked as provided by law. Members present voting aye: Allen, Barington, Doescher, McCardle, Rice, Sabers, Smith, Tjarks. Members present voting nay: none. Motion carried and ordinance declared duly adopted. Moved by Tjarks, seconded by Rice, to place Ordinance #O2022-13, Rezoning Lots 6, 7, and 8, Block 18, Weavers Square Addition, City of Mitchell, Davison County, South Dakota from R3 Medium Residential District to HB Highway Business District on second reading. Motion carried. Moved by Rice, seconded by Barington, to adopt Ordinance #O2022-13, Rezoning Lots 6, 7, and 8, Block 18, Weavers Square Addition, City of Mitchell, Davison County, South Dakota from R3 Medium Residential District to HB Highway Business District, as follows: ORDINANCE NO. O2022-13 AN ORDINANCE OF THE CITY OF MITCHELL, THAT CHANGES THE ZONING DISTRICT CLASSIFICATION OF THE REAL PROPERTY LEGALLY DESCRIBED AS; Lots 6, 7 and 8, Block 18, Weavers Squares Addition, City of Mitchell, Davison County, South Dakota; be changed from R3 Medium Density Residential District to HB Highway Business District AND THE OFFICIAL ZONING MAP BE CHANGED TO REFLECT THE SAME. BE IT ORDAINED BY THE CITY OF MITCHELL, DAVISON COUNTY, SOUTH DAKOTA: Section 1: THE ZONING DISTRICT CLASSIFICATION OF THE REAL PROPERTY LEGALLY DESCRIBED; Lots 6, 7 and 8, Block 18, Weavers Squares Addition, City of Mitchell, Davison County, South Dakota; be changed from R3 Medium Density Residential District to HB Highway Business District AND THE OFFICIAL ZONING MAP BE CHANGED TO REFLECT THE SAME. Section 2. The City Finance Officer shall publish notice of this ordinance and the same shall be effective 20 days after the completed publication thereof, unless the referendum shall be invoked as provided by law. Members present voting aye: Allen, Barington, Doescher, McCardle, Rice, Sabers, Smith, Tjarks. Members present voting nay: none. Motion carried and ordinance declared duly adopted. Moved by Barington, seconded by Smith, to place Ordinance #O2022-14, Rezoning Plat of Lot 11 of Sharpstone Subdivision, a Subdivision of the W ½ of the S ½ of the SW ¼ of the NW ¼ of Section 9, City of Mitchell, Davison County, South Dakota from R4 High Density Residential District to Sharpstone Planned Development District on first reading. Motion carried. ADJOURN: There being no further business to come before the meeting, Mayor Everson adjourned the meeting. Michelle Bathke Finance Officer Published 1 time at the total approximate cost of $287.58 and may be viewed free of charge at www.sdpublicnotices.com. (Sept. 17, 2022) 101561