Council to consider granting Mitchell’s first medical marijuana dispensary application

The application that the council will consider approving at Monday’s 6 p.m. meeting was submitted by Jordon Raftis, whose business would be called “Superior Buds,” if approved. During the city’s first application window that stretched from Oct. 7 to Oct. 29, Raftis submitted the lone application, City Attorney Justin Johnson noted in his memo to the council.

Mitchell’s first application for a dispensary comes after the state lawmakers officially finalized its regulations for local governing bodies.

Among some of the city’s notable regulations that medical marijuana dispensary businesses must abide by includes employing staff at least 21 or older, following the signage rules and being within at least 300 feet away from an educational institution, religious institution, childcare center (excluding family residential childcare), preschool, nursery, detention facility and mental health facility.

Raftis is seeking to operate out of 1005 E. Spruce St., which is a strip mall located near Walmart. Raftis’ dispensary name, Superior Buds, does not include the words “marijuana” or “cannabis,” which the city’s ordinance states an establishment may not display, including “other words commonly used to identify marijuana.”

The application fees for the four license types — dispensaries, cultivation facilities, manufacturing establishments and testing facilities — is set at $5,000. The annual renewal fee is also set at $5,000.

For dispensaries, the city’s ordinance sets a maximum of five licenses. However, the remaining licenses available do not have a cap. Johnson said all respective cannabis operations would still have to abide by the zoning regulations and buffer zones.

As for advertising, the state committee recently finalized a rule prohibiting forms of advertising. South Dakota Department of Health Secretary Kim Malsam-Rysdon said such a rule could “help clarify that we have restrictions in place [on advertising] until such time that this product is not illegal at the federal level.”

To legally sell medical marijuana in a Mitchell dispensary, each customer must have a medical card that’s recognized by the state of South Dakota.

In order for a patient to qualify to use medical cannabis, the state says they must have a “debilitating medical condition,” which is defined as “a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis”.

Consent agenda

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

• Approve the minutes and reports from the following meetings: Nov. 1 City Council meeting; Oct. 25 Planning and Zoning Commission meeting.

• Approve department reports.

• Approve automatic supplement of reimbursement funds in the amount of $3,914 to the general fund.

• Approve James Valley Community Center’s purchase of a door.

• Approve authorizing application for ARPA grant for Mitchell’s airport.

• Approve change order to First Rate Excavating for Phase II of the East Central Drainage project.

• Approve change order to Rexwinkel Concrete for concrete project.

• Approve change order to Dakota Constructors for recycled asphalt crushing project.

• Approve Nov. 15 pay estimates.

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

Other business

• Recite pledge of allegiance and receive invocation from Seventh Day Adventist church.

• Hear citizens input.

• Meet as Board of Adjustment.

• Consider the following applications: Ricardo Cruz’s application for a side-yard on a corner variance of 0 feet vs. 15 feet as required to construct a carport at 1320 S. Rowley St., legally described as lot 7, block 26, University Addition, in the city of Mitchell. The property is zoned in an R4 single-family residential district; Nov. 1, Montessori School’s application for a conditional use permit for a childcare, preschool and nursery at 620 E. Fourth Ave., legally described as lot 2, block 31 Cooley and Guernsey Addition, in the city of Mitchell. The property is zoned in an R2 single-family residential district.

• Reconvene as City Council.

• Hold hearings on the following applications: An application to transfer retail (on-off sale) malt beverage and South Dakota farm wine license from Jeanne Blaalid doing business as Leader Sporting Goods, located at 800 W. Spruce St., to Jeanne Blaalid, doing business as Leader Sporting Goods, located at 712 W. Spruce St.; An application to transfer retail (on-off sale) wine and cider license from Jeanne Blaalid doing business as Leader Sporting Goods, located at 800 W. Spruce St., to Jeanne Blaalid, doing business as Leader Sporting Goods, located at 712 W. Spruce St.

• Approve renewal of alcohol licenses.

• Consider entering into executive session, citing legal matters.

• Approve request to install street lights at Pine Avenue between Wisconsin and Miller streets.

• Approve amending agreement with engineering services for the West Harmon Utility Improvement project.

• Approve agreement to accept grant from the South Dakota Department of transportation for Palace transit’s operating and administrative expenses.

• Approve resolution setting city water and sewer fees and charges, which are proposed to increase.

• Approve Resolution No. R2021-78, a plat of lot 9, block 1 of Westwood First Addition, in the city of Mitchell, as requested by CJM Consulting Inc.

• Approve and adopt second reading of 2022 annual appropriations ordinance.

• Approve first reading on an ordinance to amend emergency powers of Mayor Bob Everson, which is in response to state legislature limiting cities’ use of emergency powers.