The Mitchell City Council will consider authorizing an abatement on Monday for a nuisance property that’s been deteriorating for nearly a decade.

The council will vote on the abatement request during the 6 p.m. meeting at City Hall. If approved, the city of Mitchell would be permitted to demolish the 124 E. First Ave. structure.

According to City Attorney Justin Johnson’s documents included in the council agenda, the nuisance conditions primarily consist of the exterior of the building, which he noted has led to potential safety issues for the neighboring property. The city has issued several orders to correct dating back to 2012. In 2018, an order was issued to then property owners Jose and Maria Guzman, who” failed to comply with the order,” ultimately leading to citations for violating city codes, according to Johnon’s documents.

After the Guzmans failed to appear in court and weren’t arrested for their bench warrants, they sold the property in 2019 to current owners Santos Mejia Cerritos and Maria Emelina De Mejia. Following the most recent sale of the home, the city issued a new order to correct for the ongoing nuisance conditions. The violations regarding the nuisance conditions include failure to maintain exterior, rodent issues, vermin, insects, other pests and overgrown vegetation. The property owners were ordered to fix the foundation, roof and siding, windows and remove all overgrown vegetation.

While Johnson stated that Santos was initially interested in correcting the nuisance conditions and repairing the structure, he informed the city that the repairs were too costly. According to Johnson, the property owner did not oppose the city demolishing the structure and assessing the costs to do so. On Sept. 16, Santos confirmed his support for the city to proceed with demolishing the structure, according to Johnson’s documents.

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Consent agenda

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

  • Approve the minutes from the Sept. 8 City Council meeting.

  • Approve the minutes from the following committees: Aug. 24 Planning and Zoning Commission, September Community Services Advisory Board.

  • Approve department reports.

  • Approve the following raffle permit: John Paul II School with the drawings to be held on Jan. 22 and 29 and Feb. 5, 12, 19 and 28.

  • Approve request to amend South Dakota Department of Transportation grant of section 5311.

  • Approve request to accept the South Dakota Department of Health self-measured blood pressure monitoring grant.

  • Approve gas and fuel quotes.

  • Approve Sept. 21 pay estimates.

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

Other business

  • Recite Pledge of Allegiance, receive invocation from Salvation Army, roll call, hear citizens’ input.

  • Consider entering into an executive session citing legal discussion.

  • Approve consent agenda.

  • Meet as Board of Adjustment.

  • Hold hearing and take action on the following application: Randy and Tami Young’s application for a conditional use permit to operate a family residential child care center at 522 N. Duff St., legally described as lot 4, block 13, Rowley's Second Addition, in the city of Mitchell. The property is zoned in an R4 High Density Residential District.

  • Reconvene as City Council.

  • Approve Agreement No. 1, which would authorize SPN & Associates to complete the staking project for the Kibbee Ditch improvements, Project No. 2019-31.

  • Hold hearing and take action on Resolution No. R2020-63, the collection of special assessments for construction projects in 2019.

  • Approve Resolution No.R2020-64, dissolving the Tax Increment Finance (TIF) District No. 22, also known as the Klock Werks TIF.

  • Approve Resolution No. R2020-66, vacating the right-of-way described as, “The strip of land 20 feet wide by 158 feet east and west along the north edge of said vacated ‘F’ Avenue, also known as Fir Avenue, adjacent to lot 7, block 19, in Van Eps First Addition, in the city of Mitchell.

  • Approve Resolution No. R2020-67, a plot of lots six, seven, eight, nine, 10, 11 and 12, block two, MLC Addition, a subdivision of lots 4B, block 4B, block four, Morningview Addition, in the city of Mitchell.

  • Approve Resolution No. R2020-68, a lot of lift station tract one, a subdivision of irregular tract No. 3 in the southwest quarter of section 32, townshop 104 north, range 60 west of the fifth prime meridian, in Davison County.

  • Approve Resolution No. R2020-69, a plat of lot 35 of Maui Farms Second Addition, a subdivision of the southeast quarter of section 31, township 104 north, range 60 west of the fifth prime meridian, in the city of Mitchell.

  • Approve Resolution No. R2020-70, a plat of lots 2A and 3 of L. Robinson’s First Addition, a subdivision of the southerly 936 feet of the easterly 932.2 feet of the southeast quarter of section 24, township 104 north, range 61 west of the fifth prime meridian, in Davison County.

  • Approve second reading of supplemental appropriations, Ordinance No. O2020-12.

  • Consider adopting the supplemental appropriations ordinance.

  • Approve second reading of Ordinance No. O2020-11, the 2021 annual appropriations.

  • Consider adopting the 2021 annual appropriation ordinance.