Mitchell, South Dakota to Consider Using Eminent Domain for Railroad Street Project
By Seth Tupper
The Daily Republic
Published Tuesday, November 20, 2007
The Mitchell City Council will consider beginning eminent domain proceedings tonight on two small parcels of land necessary for a Railroad Street reconstruction project.
“Eminent domain” and “condemnation” are terms that describe a government’s power to take private land for a public purpose, in exchange for fair compensation.
Tim McGannon, the city’s director of public works, said the condemnation proceedings on the Railroad Street property are “not adversarial.” The city has been struggling to acquire the parcels for nearly two years because of confusion about their ownership. “We think it’s going to be the cleanest way to get that property,” McGannon said.
The Railroad Street reconstruction project has been in the city’s plans for about 15 years, McGannon said, but has always been set aside as other projects arose. He has called Railroad Street — which borders the railroad tracks at the south end of the downtown area — the worst commercial street in the city.
McGannon said the city has used eminent domain on rare occasions in the past. He said the city plans to make a “fair offer” for the parcels along Railroad Street.
A discussion of the Railroad Street eminent domain process will be included in a road project update that McGannon plans to deliver tonight to the city’s Public Works Committee, which will meet at 6:40 in the Council Chambers at City Hall.
Meetings of the Traffic Commission and the Finance Committee will be at 6:25 p.m. and 7:10 p.m., respectively, and the City Council meeting will begin at 7:30 p.m.
In scheduled business tonight, the committees and the council plan to:
n Consider, during the Traffic Commission meeting, a request from Dakota Wesleyan University to convert some parking spots along McGovern Avenue to handicap spots.
n Authorize, during the Public Works Committee meeting, an advertisement requesting proposals for an airport consultant for 2008-2012.
n Hear, during the Public Works Committee meeting, McGannon’s road project update.
n Consider, during the Finance Committee meeting, writing off $20,515.44 worth of unpaid utility accounts from 2006, which amounts to about 0.52 percent of the city’s total 2006 utility billings.
n Consider, during the Finance Committee meeting and later during the council meeting, canceling outstanding checks from 2005, 2006 and 2007 to TJ Nelson ($50), Dakota I-net ($39.90), Callee Bauman ($75), Sioux Valley Hospital ($90), Paul Rasmussen ($20) and Doug Degen ($43.52).
n Consider, during the Finance Committee meeting and again during the council meeting, a resolution that would transfer $239,403.67 remaining in 10 special assessment agency funds to a special assessment revolving fund.
n Open the council meeting with the Pledge of Allegiance, invocation, roll call, approval of the prior meeting’s minutes and citizens’ input on non-agenda items.
n Conduct a discussion about an unspecified events center matter.
n Approve reports from eight city departments and boards.
n Conduct a hearing on the application of V.V. Inc., doing business as Steak ’N More, to transfer a retail liquor license from 1801 N. Main St., Suites No. 4 and 5, to 1801 N. Main St., Suites No. 3, 4 and 5 and Outlot B.
n Conduct a hearing on the application to transfer an unused retail liquor license from the Lone Star Steakhouse and Saloon of South Dakota corporation to Fire Brand of Mitchell LLC, which plans to open a new Whiskey Creek Wood Fire Grill in a strip mall under construction at 905 E. Spruce St.
n Conduct a hearing on the application of the Highland Conference Center at 1920 Highland Way for a convention center liquor license.
n Conduct a hearing on the application of Blarney’s LLC for a temporary liquor license for the Highland Conference Center on Dec. 1-2 for a wedding.
n Consider adopting a resolution, previously discussed during the Finance Committee meeting, that would transfer residual equity to a special assessment revolving fund.
n Consider a resolution, previously discussed during the Finance Committee meeting, that would cancel outstanding checks.
n Consider the resolution authorizing the beginning of condemnation proceedings on land along Railroad Street.
n Conduct the second reading and final vote on an ordinance amending the taxi license termination date.
n Conduct the second reading and final vote on an ordinance that would supplement the 2007 budget with $3,000 from the general fund for an events center survey.
n Conduct the second reading and final vote on an ordinance that would change the way revenues from the special tax on lodgings, alcoholic beverages and prepared food are disbursed.
n Conduct the first reading of an ordinance that would supplement the 2007 budget with $4,300 from the general fund cash balance for a library irrigation system; $74,400 from a general fund operating transfer for a tractor-mower for the Parks, Recreation and Forestry Department; $500 from the water fund cash balance for a 2006 Broin pipeline bond; $3,000 from the sewer fund cash balance for industrial pretreatment lab fees and services; and $5,000 from the sewer fund cash balance for engineering of the Foster Street lift station.
n Set Dec. 3 as the date for a hearing on the applications to transfer an unused on-sale liquor license and an off-sale liquor license currently held by the Cactus Bar and Casino from Bathke Enterprises LLC to John Graham at 1610 S. Burr St., which is the address of Graham’s Interstate BP.
n Set Dec. 3 as the date for a hearing on the applications for renewal of liquor and wine licenses.
n Consider an automatic supplement to the capital project fund for the soccer complex in the amount of $134,847.93, from the proceeds of a stock sale that was part of a previously announced donation.
n Consider an automatic supplement to the general fund for the library in the amount of $359, from a reimbursement.
n Consider the application of Jack Earl for a moving permit to move a house from 416 W. Sixth Ave. to the 500 block of South Davison Street, legally described as Lots 41 and 42, Overlook Addition.
n Consider the application of George Streetman for a taxicab driver’s license for Palace Transit.
n Consider requests to conduct raffles from the Heartland Quilters Club and the Dakota Wesleyan University Multicultural Committee.
n Consider paying estimates and bills.
n Consider entering a closed “executive” session to consider unspecified contractual and personnel matters.