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Fireworks ban may disappear near lake

A summer holiday exception to the city fireworks ban for property around Lake Mitchell moved ahead informally at Monday's meeting of the Mitchell City Council.

A formal vote will await a fresh writing of the plan, which underwent several changes from the original offering.

Under the bones of the new plan, fireworks would be allowed on most Lake Mitchell properties bounded by State Highway 37 on July 3 and July 4. Fireworks could be shot legally on the lake side of the highway but not outside the highway perimeter. The Mitchell Park Board also could exclude other lake areas.

The original proposal would have allowed fireworks within 100 feet of the Lake Mitchell shoreline, excluding roads, public right-of-way and parking areas. People under the influence of intoxicants would have been prohibited from shooting fireworks.

Council members said the original proposal raised a number of enforcement issues, especially the limitation of 100 feet. Officers would not be carrying tape measures, said one.

Ed Potzler told the council he found the proposal elitist.

"It creates two classes of citizens," Potzler said. "Those who can enjoy the Fourth of July and those who can't."

Council member Marty Barington said he brought the issue forward as a kind of baby step. Ultimately, he would favor removing Mitchell's entire fireworks ban.

Removing it around the lake, he said, would be a first step. The intent is to allow all of Mitchell to shoot fireworks at the lake, he said, not just those who own property there. The lake was chosen as the first step because of the lesser danger for wildfires.

Fireworks happen at the lake illegally every year, Barington said. Nobody can stop it.

There's a lot of community support for allowing fireworks at the lake, he said. "Let's find out how it goes here."

In later years, the city could decide whether to open up more of the city.

Council member Mel Olson said he opposed easing fireworks restrictions because of safety issues. Council member Susan Tjarks said fireworks were a risk people could decide on their own.

"In the real world, people have the right to make a choice," she said.

In another fireworks issue, the approved a fireworks permit for Heart and Sole.

In other action, the Council:

• Approved the applications for the renewal of several malt beverage licenses.

• Awarded the bid for East Hanson water main No. 2018-2.

• Awarded the bid for rock chips for city Project No. 2018-10.

• Awarded the bid for petroleum products for city Project No. 2018-13—items No. 1 and No. 2.

• Approved agreement No. A2018-16, airport aerial applicators agreement.

• Approved agreement No. A2018-17, Mitchell Regional Ambulance medical director.

• Approved resolution No. R2018-17, vacating a portion of East Sixth Avenue.

• Approved resolution No. R2018-20, approving a corrective easement.

• Set a hearing for May 21, regarding Danielle Bultje's application for a conditional use permit to operate a family residential child care center in her home at 508 E. 13th Ave.

• Set a hearing for May 21, regarding Joseph and Heidi Geppert's application for variances at 700 E. Second Ave.

The Council also approved the following consent agenda items:

• Raffle Permits for Mitchell Heart & Sole Cancer Walk, with the drawing to be held June 8; Holy Family Catholic Church, with the drawing to be held June 17; Purr N Ruff Rescue, with the drawing to be held June 17; Helping with Horsepower, with the drawing to be held May 12; and Team Rubicon, with the drawing to be held May 12.

• The taxicab license of Terry Wipf, doing business as Lyft.

• Declaring as surplus the badges and fire helmets of two retiring employees.

• Declaring as surplus some Survivair SCBA Packs.

• Authorization to accept 5310 transit funds for preventative maintenance.

• Change Order No. 6 in the amount of $1,856 for the Indoor Aquatic Center.

• Change Order No. 1 Sanborn Blvd. utility and street improvements city Project No. 2018-22 to BX Civil & Const. Inc. The change order increases the cost by $26,733.

• Change Order No. 3 South Burr Street Utility Improvements City Project No. 2016-26A to T&R Contracting, Inc. The change orders will increases the cost by $354,500 to increase the water main pipe from 10 inches in diameter to 20 inches in diameter to accommodate future water system upgrades.

• Agreement No. A2018-18, Burr Street City Project No. 2016-26A for use and restoration of detour and wet weather detour with the South Dakota Department of Transportation. The agreement adjusts the detour plan because of changes to the water main above.

Hearings were set on applications:

• Of Corn Palace Shrine Club for a special event liquor license on June 2 for a wedding dance.

• To transfer retail (on-sale) liquor license RL-5761 from Bates Enterprises LLC, doing business as Big Dummy's/Long Horn Bar, 108-112 N. Main, to the same business and at the same address due to configuration of the liquor license.

• To transfer retail (on-sale) liquor license RL-5764 from Bates Enterprises LLC, doing business as Brew Parlor, 400 N. Main St., Suite 210, to Bates Enterprises LLC, doing business as Brew Parlor, 108 N. Main St., Suite A.

• To transfer retail (on-sale) liquor license RL-5766 from R.R. Enterprises Inc., doing business as Sneaker's Peanut Bar, 1514 N. Sanborn Blvd., Suite A, to MG Oil Company, doing business as Village Bowl, 1500 N. Duff St., Suite A.

• To transfer retail (on-sale) wine license RW-23600 from R.R. Enterprises Inc., doing business as Village Casino, 1500 N. Duff St., Suite E, to MG Oil Company, doing business as Village Bowl, 1500 N. Duff St., Suite A.

• To transfer retail (on-sale) wine license RW-6464 from R.R. Enterprises Inc., doing business as Village Bowl-Spare Change Casino, 1500 N. Duff St., Suite C, to MG Oil Company, doing business as Village Bowl 3, 1500 N. Duff St., Suite C.

• To transfer retail (on-off sale) malt beverage license RB-23601 from R.R. Enterprises Inc., doing business as Lucky Lady II, 1500 N. Duff St., Suite 3, to MG Oil Company, doing business as Village Bowl 5, 1500 N. Duff St., Suite E.

• To transfer retail (on-off sale) malt beverage license RB-2844 from R.R. Enterprises Inc., doing business as Lucky Lady Casino, 1500 N. Duff St., Suite D, to MG Oil Company, doing business as Village Bowl 4, 1500 N. Duff St., Suite E.

• To transfer retail (on-off sale) malt beverage license RB-2828 from R.R. Enterprises Inc., doing business as Village Bowl and LGE/Spare Change Casino, 1500 N. Duff St., Suite B, to MG Oil Company, doing business as Village Bowl 2, 1500 N. Duff St., Suite B.

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