Mitchell City Council to reconsider granting license to Speedy Taxi

Jan. 2—A local taxi service that has come under scrutiny in recent years for alleged dangerous driving habits could be receiving a second chance to operate in Mitchell.

After being denied a license in early June, the Mitchell City Council will reconsider approving Speedy Taxi's license on Monday at City Hall, which will mark the first meeting of 2022. The council denied the license in June largely due to the extensive criminal background of Dustin Feistner, the owner of Speedy Taxi.

"Personally, I am rooting for you and your path to recovery. But sitting here as a public official, I can't support giving you a license for the safety of the public due to your track record," Councilman Jeff Smith said during the June 8 council meeting when Speedy Taxi's license was denied. "It's just too soon given the actual crimes you were convicted of, including running a taxi business without a license when it was denied."

However, several council members indicated they would reconsider granting the application in 2022 to give the taxi owner more time to show he's rehabilitated from his past criminal matters.

Feistner submitted a letter with his application highlighting his successful completion of parole and noted he is a "changed person for good."

In his letter, Feistner underscored the need for another taxi service in Mitchell, noting that "there are many hours and days where there is no transportation at all."

Fesitner's most recent legal trouble stemmed from an August 2019 incident, in which he was arrested for leading officers on two vehicle pursuits and possessing a firearm after a violent crime conviction. He pleaded guilty to possession of a firearm after a violent crime conviction in connection to the August 2019 incident and was sentenced to five years in prison. In 2017, Feistner was convicted of aggravated assault, which prohibited him from having a firearm in his possession.

According to Police Chief Mike Koster, Feistner previously operated the taxi service for a period of time without a license.

During a 2019 council meeting, Brint Jorgenson, a former Mitchell taxi driver with Lori's Lift, testified against Feistner, citing dangerous driving habits and poor business practices. Among the allegations that surfaced during the 2019 council meeting was Feistner's alleged attempt to block Jorgenson's taxi van while traveling on Highway 37 near the Kongo Klub, which Jorgenson said caused him to drive into a nearby ditch.

But Jorgenson and Feistner recently mended their relationship, as Jorgenson was one of the Mitchell residents who testified in support of Feistner's most recent attempt at regaining a taxi license to operate in Mitchell.

"I participated in getting Dusty's (Feistner) license revoked last time around. Since he got in trouble, he contacted me and apologized for our issues in the past. I thought I would come tonight and tell you I think he has truly changed," Jorgensen said during the June council meeting. "I think there is a real need for another cab service. I think a third cab company is needed, and the reasonable rates are nice. I think people deserve a second chance. I think he will prove a lot of people wrong."

Consent agenda

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

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Approve the minutes and reports from the following meetings: Dec. 20 City Council meeting.

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Approve acceptance of South Dakota Department of Transportation grant funds.

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Approve acceptance of section 5311 ARPA grant funds.

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Approve change order to top Grade Concrete, LLC, for SD DOT concrete bid project.

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Approve city alcohol and drug policy.

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Approve Mitchell Republic as the city's official newspaper for 2022.

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Approve Jan. 3 pay estimates.

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

Other business

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

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Hear citizens input.

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Meet as Board of Adjustment.

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Set the date for the following hearings: Jan. 18, Donald Livesay Jr., LLC's application for a variance of approximately 448 feet vs. 1,000 feet to be from another cannabis dispensary, located at 501 E. Juniper Ave., legally described as lot S-3A Ex. E 63' in the replat of lot S in the northwest quarter of section 27, township 103 north, range 60 west of the fifth prime meridian, in the city of Mitchell. The property is zoned HB Highway Business District; Jan. 18, Genesis Farms LLC's application for a Conditional Use Permit to operate a medical cannabis dispensary; located at 106 W. Fifth Ave., legally described as Lot S-3A Ex E 63' in the replat of lot S in the northwest quarter of Section 27, township 103 north, range 60 west of the fifth prime meridian, in the city of Mitchell. The property is zoned CB Central Business District; Jan. 18, Genesis Farms LLC's application for a variance of 0 feet vs. 300 feet as required to be from a religious institution; located at 106 W. Fifth Ave., legally described as Lot S-3A Ex E 63' in the replat of lot S in the northwest quarter of section 27, township 103 north, range 60 west of the fifth prime meridian, in the city of Mitchell. The property is zoned CB Central Business District; Jan. 18, FSST Pharms, LLC's, doing business as Native Nations Cannabis, application for a variance of approximately 16 feet vs. 300 feet as required to be from an educational institution and a variance of approximately 950 feet vs. 1,000 feet as required to be from another cannabis dispensary. The property is zoned HB Highway Business District.

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Reconvene as City Council.

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Hold hearings on the following alcohol license applications: An application to transfer RW-7571 Retail (On-Off Sale) Wine and Cider license from Xtreme Golf, Inc. doing business as Lake House, located at 2700 N. Main Suite No. 2 to Hohn Partnership LLC, doing business as Platinum Players Club III, located at 719 N. Sanborn Suite No. 3; An application to transfer PL-4692 Package (Off-Sale) Liquor from Fredericksen Restaurant LLC doing business as Chef Louies, 601 E. Havens to County Fair Inc., doing business as County Fair Food & Fuel, located at 1012 W. Havens Ave.; An application from Bhole LLC, doing business as Motel 6, located at 1309 S. Ohlman St., in Mitchell for a new Retail (On-Off Sale) Malt Beverage and SD Farm Wine (video lottery not included).

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Approve official depositories for the city for 2022.

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Approve designating Lake Mitchell fund as the appropriate depository for certain revenue.

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Approve second reading to rezone the Kelley property from Davison County Agriculture to city Urban Development District.