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Council to consider purchase of former Casey's lot

Mitchell City Hall. (Republic file photo)

The Mitchell City Council will consider Monday a purchase agreement and whether to buy the former Casey's General Store property at 701 N. Main St.

The city and Casey's have agreed to a purchase price of $1 for the lot, but Casey's is seeking a non-compete clause with the land that would not allow another similar retail business to operate on the site for the next 15 years. If agreed to, the property couldn't be used to sell gasoline or other motor fuels, cigarettes or other tobacco products, groceries, alcoholic beverages or prepared foods, including sub sandwiches, pizza and donuts.

"The largest area of concern was in relation to the non-compete clause," City Attorney Justin Johnson said in the agenda information for Monday's meeting. "This will prevent permanent uses that compete with Casey's business on the property over the next 15 years but it will not prevent the lot from being used in conjunction with temporary, festival-type events."

The store was torn down earlier this year after closing in late May, with the structure and gas pumps removed from the site.

According to the Davison County Assessor's Office database, the lot is 100 by 75 feet. Both the land and the 1,800-foot building were most recently valued at $155,030, with the land accounting for $25,750. Casey's continues to operate its other store at 100 S. Main St.

The council meets at 6 p.m. Monday at Mitchell City Hall in what is a 29-item agenda. Other items of note include:

• Will hold a public hearing and consider action on the potential taxicab license revocation for the Speedy Taxi business. The business is owned by Wayne Feistner and operated by his son, Dustin Feistner. The issue had significant public input during a Sept. 4 meeting. Speedy Taxi's current taxi license expires on Dec. 31 and there is a renewal application pending, so separate actions are on the agenda regarding the hearing and possible approval.

• The council will hold a first reading for the city's possible ordinance and new chapter regulating small cell facilities for the expansion of 5G cell service.

Consent agenda

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

• Approving the minutes of the Dec. 3 council meeting, the Nov. 13 Planning Commission meeting, and department reports.

• Approving the following raffle permits: MTI Mavericks Rodeo Team with the drawing to be held on January 12; James River Gobblers Chapter NWTF with the drawing to be held on February 2; Mitchell Skating and Hockey Association with the drawing to be held on February 24; LifeQuest (Dancing for Dreams Event) with the drawing to be held on March 22; Mitchell Lions Club with the drawing to be held on April 6.

• Set the date for the following hearing: Jan. 7 for the transfer of a retail (on-sale) liquor license from M.G. Oil Company's location at 1801 N. Main St., Suites 3-6, doing business as EZ$ Pub, to the location at 1500 N. Duff St., Suite F, doing business as EZ$ Pub and Village Bowl.

• Set the date for 1:30 p.m. Jan. 17 for Sanborn Boulevard Phase II and III and Sanborn bridge improvements construction project bid opening.

• Approve 2019 taxi license applications.

• Approve change order for 2018 sidewalk project, schedule B to Top Grade Concrete. A change of $2,320.29, bringing the overall contract price to $54,215.29.

• Authorize application for state grant for landfill compactor.

• Authorize the purchase of a 3/4-ton pickup.

• Write-off 2017 delinquent utility billing accounts and 2018 ambulance mandatory accounts.

• Approve gas and fuel quotations, pay estimates, bills, payroll, salary adjustments and new hires.

Other business

The council will consider the following items:

• Hold a 6 p.m. Sidewalk Committee meeting. The agenda calls for updating the five-year proposed sidewalk plan.

• Hear public input and the Sidewalk Committee report.

• Consider approval of the renewal of the liquor license for V.V. Inc., doing business as The Hideout.

• Hold a hearing and consider action on the application of the Corn Palace Shrine Club for a special event liquor license at the Masonic Hall on Jan. 11 for the Mitchell Area Chamber of Commerce banquet.

• Meeting as the Board of Adjustment, hold hearings and consider action on the following: an application from Boyd Reimnitz (620 W. Fifth Ave.) for a side yard on a corner variance of 12 feet vs. 20 feet for a detached garage. The property is zoned single-family residential; a conditional use permit application from West Havens Storage LLC to construct self-service storage facilities at 1522 W. Havens Ave. The property is zoned highway-oriented business.

• Action to award a bid for used scraper from VanderPol Dragline, of Mitchell, for $61,000. It was the only bid received.

• Action on Resolution No. 2018-65, a plat of Tract 1 of Odland's First Addition in Section 18 in Mitchell Township in Mitchell.

• Approving agreement for Sanborn Boulevard Phase II and III engineering agreement.

• Approve an amendment to extend the existing wildland fire contract with the South Dakota Dept. of Agriculture.

• Approve an agreement with Lakeview Golf Course Clubhouse Manager Eric Hieb for 2019 and 2020.

• Authorize the mayor to sign a state utilities certificate and right of way certificate for the Sanborn Boulevard Bridge Improvement Grant project. At this time, no utilities or easements are expected to be required.

• Hold second reading and consider motion to adopt Ordinance No. 2018-16, which would adopt new District A boundaries for snow removal.

• Hold second reading and consider motion to adopt Ordinance No. 2018-17, which authorizes supplemental appropriations.

• Consider executive session, citing legal discussions.