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Mitchell board to consider declaring East Havens property a nuisance

The property at 1305 E. Havens Ave. could be declared a nuisance Monday by the City Council. If declared a nuisance, legal action would be taken to abate the nuisance conditions. (Evan Hendershot / Republic)

A car-filled lot covered with dead vegetation is widely-known in southeast Mitchell, and it could take a court order to clean the property.

The Mitchell City Council will consider declaring a property at 1305 E. Havens Avenue a nuisance at its regular 6 p.m. Monday meeting at City Hall.

According to a staff report from City Attorney Justin Johnson, the property has had nuisance conditions "for a considerable amount of time." And if the council moves forward with the nuisance declaration Monday, property agent Gregory Patton will subsequently face legal action to abate all nuisance conditions.

An order to correct the property was filed in May, citing unlicensed vehicles, dead vegetation, failure to maintain exterior building appearance and more.

Patton was ordered at the time to correct the violation within 14 days of the date of service to have all vehicles on the property licensed and operable, empty containers and appliances removed, overgrown vegetation cut, roof and siding repaired and painted and building materials stacked or stored inside.

The work was not completed, according to Johnson's report.

"The extensive amount of work needed to eliminate the nuisance conditions on the property leaves the city with little option but to seek a court order authorizing the city to abate the nuisance conditions in full," Johnson's report states.

Listed in the drafted resolution declaring the property a nuisance are many of the same items as listed in the corrective order, but added is a line that the property features "Conditions which annoy, injure, or endanger the comfort, repose, health, or safety of others."

The property lies on the southeast corner of the Havens intersection with South Foster Street, just east of the Ponderosa Rentals storage facility.

The decision whether to consider the property a nuisance comes nearly one year after the Mitchell City Council approved a major overhaul to the city's nuisance code. Throughout discussions to strengthen the code, Mayor Jerry Toomey said the purpose of the code was to add some "teeth" to the nuisance code that's been unwieldy for code enforcement officers.

Consent agenda

The council will consider the following items of the consent agenda:

• Minutes from the previous City Council, Planning Commission, Traffic Commission, Public Health and Safety Committee, Finance Committee and Historic Preservation Commission meetings.

• Raffle permit requests from the Veterans of Foreign Wars Post 2750, with the drawing to be held Oct. 14; Help Hope Live, with the drawing to be held Oct. 29; and the Kiwanis Club of Mitchell, with the drawing to be held Dec. 6.

• Set Oct. 16 as the date for a hearing on the application of OverTime Steakhouse & Sports Bar for a special event liquor license at the OverTime Event Center on Oct. 28. The council will also consider setting Oct. 16 as the date for a transfer of retail liquor license RL-19079 from V.V. Inc., 508 and 510 E. Havens Ave., doing business as SUDZ, to V.V. Inc., 508 E. Havens Ave., Suite No. 2, doing business as Outback Casino.

• An automatic supplement of $5,000 to the general fund for radar speed boards. The funds come from a donation from the local Moose Lodge.

• A change order to Rewinkel Concrete for the Corn Palace plaza project, reducing the contract by $2,249.20. The total contract amount would drop to $656,634.31.

• A change order for Rexwinkel Concrete for the veterans park project, increase the contract by $25,641 for a reinforced concrete alley and parking area added to the park's parking lot. The total contract amount would rise to $50,469.

• A change order to Commercial Asphalt for paving and overlay, increasing the contract amount by $1,278.63. The total contract would be $395,897.83 if approved.

• An application from Wayne T. Feistner, doing business as Speedy Taxi, for a general taxi license.

• Gas and fuel quotes, pay estimates, bills, payroll, salary adjustments, new employee hires and authorize payment of recurring and other expenses in advance as approved by the finance officer.

Agenda items

The council will consider the following agenda items:

• Call the meeting to order, conduct the Pledge of Allegiance, hear an invocation from Northridge Baptist Church, conduct roll call and call for citizen input.

• Tabling variance and conditional use permit requests for the construction of self-service storage facilities by CJG Properties LLC located at 1821 W. Eighth Ave.

• Action to award a bid for an airport farmland lease in 2018, 2019 and 2020. The highest bid came from Don and Chad Blindauer at an annual rent of $137,433.

• Action to award a bid for an airport pasture lease. The high bids were from Jeremy McNary and Josh Russell, at a rate of $1,101 per year for three years. The tie will be broken at the council meeting.

• Action on a certificate of substantial completion for the Corn Palace plaza project.

• Action on Ordinance No. O2017-13, the 2018 annual appropriation ordinance. This action would change the amount of tax to be certified by the Davison County auditor from $4,928,361 to $4,992,722, adjusting for recently received numbers from the county.

• Action on Resolution No. R2017-67, a plat of Woodland Heights First Addition.

• Action on Resolution No. R2017-68, another plat of Woodland Heights First Addition.

• Action on Resolution No. R2017-69, a plat of three lots in Keith's First Addition.

• Action on Resolution No. R2017-70, declaring a nuisance at 1305 E. Havens Ave.

• Action on Resolution No. R2017-71, granting an encroachment easement at 908 E. Seventh Ave.

• Action on Resolution No. R2017-72, a resolution providing for the payment of bond indebtedness for tax increment district 16.

• Motion to adjourn.