According to City Engineer Joe Schroeder’s memo to council, a recent survey of the old Crafty Fox building, located at 223 N. Main St., found that there was lead that “exceeded the concentration of lead dust from the Environmental Protection Agency for a residence ”. At the 6 p.m. Monday meeting at Town Hall, Council will consider approving Floortec Cleaning’s recommendation to complete the lead removal at a cost of $ 21,801.

The city has renovated the building and corrected the nuisances, including window repairs and roofing work, but renovations will be on hold until the lead removal process is complete, according to Schroeder. Schroeder’s memo also noted that the city instructed the contractor working on window repairs not to enter the building without proper protective gear.

The city purchased Building 223 N. Main St. – which had been considered nuisance property – about two years ago and planned to transfer ownership to the Mitchell Area Development Corporation. However, the transfer was halted after the previous owners filed a lawsuit against the city and the MDC, alleging that the city had wrongly taken ownership of the building through threats and a plot violating their civil rights. The city then filed its own lawsuit as a counterclaim against the lawsuit of Janice and Ronald Christensen, which also alleged that the previous owners had failed to pay the proper mortgages.

According to City Attorney Justin Johnson, the town and the Christensens have reached an agreement to settle the dispute. The board will also take steps to approve the settlement agreement at Monday’s meeting. A dollar figure from the settlement agreement was not disclosed on the council’s agenda.

Over the past year, the city has renovated the building and corrected nuisances such as repairing windows and improving the roof.

Since taking possession of the property, the City has invested $ 60,000 for window repairs and approximately $ 30,000 for roof repairs.

Consent agenda

The following items will be considered part of the consent agenda:

• Approve the minutes of the following meetings: municipal council meeting of June 7 and extraordinary council meeting of June 14; May 24 Planning and zoning meeting.

• Approve committee and department reports.

• Approve the following drawing permits: Moose Lodge with the drawing to be held on July 17th; VFW Post 2750 with the draw on September 26; Mitchell Ducks Unlimited with the draw taking place on October 7; Mitchell Boy’s Golf whose draw will take place on October 15; Davison County Democrats with the November 16 draw.

• Approve the closure of on-street parking for part of Third Avenue between Main Street and Lawler Street on July 23 and 24.

• Approve the appointment of the following members of the respective municipal councils: Rename Kevin Genzlinger to the Planning and Zoning Council for a term of July 2021 to June 2026; Rename Terry Rietveld to the Golf / Cemetery Council for a term from July 2021 to June 2024; Rename Brian Johnson to the Golf / Cemetery Council for a term from July 2021 to June 2024; Rename Chris Retterath to the Parks and Recreation Council for a term from July 2021 to June 2024; Appoint Austin Havlik to the Parks and Recreation Council for a term from July 2021 to June 2024; Appoint Jeremy Gunkel to the Parks and Recreation Council for a term from July 2021 to June 2024; Appoint Tonya Kligamon to the Community Services Council (JVCC) for a term from July 2021 to June 2024; Appoint Jan Quenzer to the Community Services (Nutrition) Council for a term from July 2021 to June 2024; Rename Lyle Swenson to the Historic Preservation Commission for a term from July 2021 to June 2024; Rename Patrick Clark to the Historic Preservation Commission for a term from July 2021 to June 2024; Rename Larry Jirsa to the Historic Preservation Commission for a term from July 2021 to June 2024; Appoint Ashley Endres to the Historic Preservation Commission for a term from July 2021 to June 2024; Rename Deb Everson to the Library Board for a term from July 2021 to June 2024; Rename Ann Temple to the library board for a term from July 2021 to June 2024; Rename Dennis Nath to the Library Board for a term from July 2021 to June 2024; Appoint Mike Asmus to the Housing and Redevelopment Board for a term from July 2021 to June 2026; Rename Jim Taylor to the Housing and Redevelopment Board for a term from July 2021 to June 2026

• Approve the following raffle permit: Dakota Wesleyan University football with the draw to be held August 28.

• Set the date for the following liquor licenses as July 6: A South Dakota Farm Wine and Malt Beverage Retail License Transfer Application RB-26523 from Jose L. Haro Valencia doing business as from La Catrina LLC, 108 N. Main St., in Mitchell to Jose L Haro Valencia doing business as La Tequilera Mexican Food LLC, at 108 N. Main St., in Mitchell due to company reconfiguration . An application to transfer a RW-27559 (On Demand) Wine and Cider Retail License from Jose L. Haro Valencia doing business as La Catrina LLC, at 108 N. Main St., in Mitchell to Jose L. Haro Valencia doing business as La Tequilera Mexican Food LLC, 108 N. Main St., in Mitchell due to company reconfiguration; An application to transfer a retail liquor license (for sale) RL-5771 from the Chamber of Commerce, 601 N. Main St., to Mitchell to Bradley Theme LLC doing business as Scoreboard, 522 N. Main St ., to Mitchell.

• Approve gas and fuel quotes.

• Approve the salary estimates for June 21.

• Approve invoices, payroll, salary adjustments, hires of new employees, authorization of recurring payments and other expenses.

Other business

• Recite the pledge of allegiance, listen to the invocation of the first United Methodist church, call, listen to citizen commentary.

• Meet as an adjustment council.

• Hold the hearing for the following request: Mueller Lumber’s request for a 20ft to 25ft backyard gap as required to build a twin house at 722/724 Pine, legally described on Lot 3 and west of 38 feet from Lot 4, Block 6, MLC Addition, a subdivision of Lots 4A and 4B, Block 4, Morningview Addition in the town of Mitchell. The property is zoned in a planned development district; Request from Justin Adams for a 20ft vs. 25ft front yard gap as required to remove an existing garage and replace it with a new one at University 1021, legally described as lot 5, block 11 and half east of the vacant lane abutting Lot 5, University Addition in the Town of Mitchell. The property is zoned R2, Single-family residential neighborhood.

• Set the following hearing date: July 6, Ethan Coop Lumber’s request for a 9ft to 20ft side yard corner lot variance as required to build an addition to 100 E. Elm St., legally describes lots 7, 8, 9 and 19 block 11 plus Van Eps in the town of Mitchell. The property is zoned R3, medium density residential area.

• Reconstitute as city council.

• Hold a hearing on the following liquor license applications: the National Exchange Club of Mitchell’s application for a special malt beverage retail event (one-off sale) and a South Dakota farm and wine license located at Cadwell Park August 4-15 for the State Amateur Baseball Tournament; Application for Transfer RB-2846 Retail Malted Beverages (One-Time Sale) and South Dakota Farm and Wine License from Sport Time Inc. doing business as Scoreboard Sports Bar, 522 N. Main St., at Bradley Theme, LLC, doing business as Dashboard, located at 522 N. Main St. in Mitchell; Application to transfer the RW-6509 Wine and Cider Retail License from Sport Time Inc. doing business as Scoreboard Sports Bar, 522 N. Main St., to Mitchell to Bradley Theme, LLC, doing business as the name of Scoreboard, located at 522 N. Main St.

• Approve 2021 emergency funding for the artificial turf project at Drake Field.

• Approve Agreement # A2021-30, Request for FAA Airport Coronavirus Response Grant in the amount of $ 23,000 and authorizing Mayor Everson as a signatory.

• Approve Agreement No. A2021-31, a financial assistance agreement with the South Dakota Department of Transportation.

• Approve Agreement # A2021-32, Lead Remediation at 223 N. Main St. with Floor Tec Cleaning and Restoration.

• To approve Resolution No. R2021-40, a Dish from Lot 5-C, Block 7 of Westwood First Addition, a Subdivision of the Southwest Quarter of Section 16, Township 103 North, Range 60 West of the Fifth Principal Meridian , in the town of Mitchell.

• To approve Resolution No. R2021-41, a flat of lots 8 and 10 acres of parkland First addition In the northeast quarter of section 6, township 103 north, range 60 west of the fifth principal meridian, in Davison County.

• Approve resolution # R2021-42, amending resolution # R2020-82, the 2021 compensation plan for the town of Mitchell.

• Approve resolution # R2021-43, approving the settlement agreement for the 223 North Main Street property.

• Approve resolution n ° R2021-45, cancellation of the right-of-way of Marshall Street south of Birch Avenue

• To approve resolution No. R2021-46, amending the water and sewer rates for the town of Mitchell.