11/21/2022 A Voice From the Gallery

The November 21, 2022, of the Alcester City Council was called to order by Mayor Dan Haeder at 6:00 p.m. with Councilwoman Darla Reppe, Councilman Lukas Driesen, Councilman Kyle VandenHull, Councilwoman Cyndi Peeples and City Attorney Sam Nelson.  The council and gallery recited the pledge of allegiance. 

(00:01:11.27)  AGENDA ITEM #3 – APPROVE AGENDA

(00:01:40.70)  AGENDA ITEM #4 – PUBLIC  INPUT 

          (00:01:48.17)  VICKIE LARSEN – Golf Carts being operated by underage kids.

          (00:02:46.13) COUNCILMAN LUKAS DRIESEN – Ofstad street complaint of sewer gas smell outdoors and in a home.  Councilman Lukas   also had an individual contact him about the old clubhouse with the idea of purchasing the building, leaving it where it sits and remodeling it into a         residence . 

(00:04:46.47)  AGENDA ITEM #5  STORM  SEWERS  SOUTH  IOWA STREET.  Discussion on the voids in South Iowa Street at and south of the railroad tracks. (00:05:34.37)  City Attorney Sam Nelson arrives as Mayor Haeder gives a recap on the initial video process.  (00:08:55.70) L.G. EVEREST suggests an Occupancy Permit in an email sent to City Attorney Sam Nelson.  2018 International Building Code which I believe the city of Alcester adopted describes and defines in “Chapter 3 General – 301.1  The provisions of this chapter shall control the classification of all buildings and structures as to occupancy and use…312.1 Buildings and structures of an accessory character and miscellaneous structures not classified in any specific occupancy…grain silos.”  However this relates to residential use and not commercial use.  What an Occupancy Permit would allow and in my opinion FSC and/or L.G.Everest to make changes and/or repairs to the in-ground culvert originally installed by previous owner Boyer prior to annexation of the FCS property.  FCS being the occupant of the property.  However in the annexation Union County specifically amended the agreement to read, “all abutting roads”…would become the city of Alcester’s responsibility of care.  (00:09:39.23)  Who issues the Occupancy Permit Mayor?  The City of Alcester?  Who?  (00:11:44.33)  Who sets the parameters, scope of work. limitations of work and inspection to make sure the work does not adversely affect the City of Alcester’s up-line infrastructure?  Who oversees and inspects the ‘work’?  (00:12:47.00) Banner Representative offers input.

After this information was shared with the council, the council approved a motion to “Seek engineering input on South Iowa Street culvert.  (00:18:05.90)  Council approves a motion to seek engineering input.  Unanimous vote X four.

(00:19:08.03) AGENDA ITEM #6  LEGAL UPDATES CITY ATTORNEY SAM NELSON

  (00:19:16.27) DELIVERY SERVICE GRILLE –  Proposal to operate a food delivery service from the Grille.  Listen to the discussion!  (00:19:56.87) By what authority is the Bookkeeper asking for a legal opinion or asking for a waiver from the City Attorney?  That is the purview of the Mayor upon the direction of the Alcester City Council, not the bookkeeper.  What the devil is the city doing?  To ask an employee to deliver food in their own personal vehicle, their own expense, and on their      own private insurance, who by the way would probably not be any more willing to insure them than the city’s insurance was willing to insure to this   ‘delivery service’!  So should the employee be involved in an automobile crash, will they be allowed worker compensation ’cause they were on the job?  Not from what I am hearing.  Either they are duly employed by the city   or they are contract working and they are vulnerable.  Waiver or not.  It is outrageous the city would even consider such an idiot move.  Folks take into    consideration if it would be an employee under the age of consent.  These youngsters under the age of consent do not have the ability to waive any of their rights unless they have been emancipated.  If they have not been emancipated any waiver is null and void and the City of Alcester would be on the hook financially from at least two complaining parties of an injury event.  (00:25:35.13) Councilwoman Reppe has received complaints about the ‘Grille’ service.  Specifically 45 minute waits for food and then Councilman Driesen commented on a complaint he received where an order for the day’s “special” was missing the fries and the drink and not receiving those missing items.  Instead of ‘comping’ the whole meal of $12.00 the “Grille” only knocked off $2.00 from the bill of $12.00.  THAT IS NOT GOOD PR!  The council correctly dropped the issue.

(00:27:50.73)  THE NEVER-ENDING STORY OF THE NUISANCE AT 307 IOWA STREET.  Nuisance inspection at 307 Iowa.  The City of Alcester is still wasting City Attorney Sam’s legal fees and Property Maintenance Inspector Joke Geoff Fillingsness’ $25.00 per hour fee on this ongoing, ad infinitum nuisance.  Three years now?

(00:29:13.40)  AGENDA ITEM #7  FAIR GROUND UPDATE  Alcester City Attorney introduced emails from County Attorney Jerry Miller questioning  how much money the city was willing to fork over for the moving of the County Fair.  Why should the city pay anything?  It is a county Fair.  From the relayed conversation with FCS CEO John McDaniel it is unlikely to pay a commensurate value for the land and the Union County Commissioners are unwilling to foot the bill, it sounds like “Tag Alcester is IT”.  Nah  (00:30:41.40)  As a citizen of Alcester I am not in favor of just handing over Alcester Municipal Property over to FCS or the County Commissioners.  We do not have the money for it.  As Councilwoman Reppe was questioned and reported about the status of the County/City Fairgrounds (00:37:54.97) a Constituent reported that a Union County Commissioner told them that “…Alcester has no money…” (00:34:35.37) Councilman Driesen quoted a Union County Commissioner, “…that if the fair move affects any Union County taxpayer, they don’t need to go any further.”  (00:39:53.50)  FCS was annexed into the city and became subject to all the ordinances Alcester residents are subject to.

(00:42:47.60)  AGENDA ITEM #8   505 OFSTAD STREET  – Discussion to establish 505 Ofstad as surplus property as it is no longer used for the purpose intended.  ???  This is residential, albeit it no longer has a house on the property the land is zoned residential.  The Council is making noises to sell the residential property or gift it to have a house built or a governor’s house place upon.  It is indeed being used for the purpose for which it was zoned,  therefore is still be used for the purpose intended.  (00:48:31.50)  MOTION TO DECLARE 505 OFSTAD SURPLUS PROPERTY.  Motion was passed unanimously.  Which, in my book of semantics, nullifies the vote to declare it as surplus.  So what ‘cha gonna do now?  Now there has to be an appraisal committee of three.  Approved members of the committee are Councilman Lukas Driesen, Katie VandenHull and David Larsen. 

(00:52:05.33) AGENDA ITEM #9 BANNER ENGINEERING – Tanya representative of Banner Engineering introduced the amendment to the bid and the ensuing costs for rebid $15,591.50 bringing the total cost of the project to $511,191.50.  Vote taken and approved the additional cost.  (00:55:37.47) Unanimous X4 vote.

(00:58:03.73) AGENDA ITEM #10  CHAIRPERSON UPDATE

          Street – Councilman Driesen – None

          Cemetery – Councilwoman Peeples  – None

          Water – Councilman Driesen – None

          Wastewater-Councilman VandenHull – None

          Library – Councilman VandenHull – None

          Golf Course/community ctr – Councilwoman Reppe – sales are slow and Sam has resigned as Cook

          Park/Pool – Councilwoman Reppe – None

          Finance Office – instead of a councilperson chair report Bookkeeper Patricia Jurrens gave a report

          Liquor – Councilwoman Reppe – None  She state she had not been there.

(01:04:19.03) AGENDA ITEM #11  OLD SCHOOL CENTER –Discussion began with an explanation from Finance Officer Jurrens in the capacity of her secretarial position’ on the Industrial Board. 

(01:17:40.23) AGENDA ITEM #12  PAYROLL AUTHORIZATION  APPROVAL  –  Abigail Moore described the process and the council approved the line of hierarchy for approve of the payroll and authorization process.  Council approve UNANIMOUS X 4

(00:01:26:20.57)  AGENDA ITEM #13  FINANCE OFFICE UPDATES

(01:27:36.53 ) AGENDA ITEM #14  EXECUTIVE SESSION IF NEEDED.  NOT NEEDED

(00:01: 27:49.10)  AGENDA ITEM #15 GOLF COURSE/COMMUNITY CENTER – HIRE another cook?  Approve the hire of Cornelia Hathcoat 16 yrs. at $10.00/hour as Cook  Unanimous Vote X4

(00:01:29:06.37) AGENDA ITEM #16  ADJOURN  COUNCIL ADJOURNED MEETING AT 7:29 P.M.

Contact City Council

Mayor Dan Haeder                            605-934-2287     

Councilwoman Darla Reppe             605-934-2602

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen               605-934-

Councilman Kyle VandenHull          605-934-

Patricia Jurrens                                  605-934-2517

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11/07/2022 A VOICE FROM THE GALLERY

The November 7, 2022, of the Alcester City Council was called to order by Mayor Dan Haeder at 6:00 p.m. with Councilwoman Darla Reppe, Councilman Lukas Driesen, Councilman Kyle VandenHull present with Councilwoman Cyndi Peeples and City Attorney Sam Nelson absent.  The council and gallery recited the pledge of allegiance. 

(00:01:05.37)  AGENDA ITEM #3 – APPROVE AGENDA  Under discussion Councilman VandenHull asked about Agenda Item #8 Legal Update Sam Nelson, whether this agenda item would be discussion since City Attorney Sam Nelson was absent.  Upon answer provided by Mayor Haeder, Sam would be available via telephone should it be necessary.  (00:01:50.53)  Mayor advises the council that City Attorney Sam Nelson would like an Executive session at 6:45 p.m. (00:02:09.77)  Mayor doesn’t know where that 6:45 p.m. Executive session would fit in and he doesn’t know whether the agenda needs to be amended.  WONDERFUL!  Amazing what the Mayor doesn’t know!  UNANIMOUSE VOTE OF THREE (3) AYES to approve the agenda without change.

(00:03:16.43)   AGENDA ITEM #4 – APPROVE MINUTES OF THE OCTOBER 10,2022 AND OCTOBER 24, 2022, MEETINGS  No discussion or change, the minutes are approved as written.  UNANIMOUS VOTE OF THREE (3) AYES to approve the minutes unchanged.

(00:04:04.30)  AGENDA ITEM #5 – PUBLIC  INPUT 

          (00:04:09.60)  VICKIE LARSEN  Report of sewer backup from October 24th meeting, question put to Mayor Haeder, has the update in sewer infrastructure been pushed back a couple of years to meet the city’s ability to pay for the upgrade in the facility?  Listen to what Mayor Haeder has to say or perhaps not to say!  So it appears Mayor Haeder is unconcerned that Ward I residents are expected to pay a street tax for dirt streets and increased water and waste water bills for the thrill of sewer back-ups.  Folks listen to the silence. (00:05:05.57)  Report of City rejecting an application for unemployment  I asked the council did they vote to reject an application for unemployment.  Council members said there was no vote, I asked who authorized and wrote the letter of rejection.  Listen again to the answer.  (00:05:58.17)  Mayor Haeder responds, “…we had a meeting today…and we’ll see where it goes…Next”  Oh, ho Mayor Haeder doesn’t want to talk any more about it. WOW!  (00:06:09.03)  Question on Mayor’s pedophile comment from October 24th meeting. Listen to the exchange.  I reported I checked the list of sexual offenders and Alcester had only one registered offender which was not listed as a pedophile.  Mayor replies (00:06:45.50) in a sotto voce and asinine tone , “…only one, only one…Next”  Mayor Haeder still doesn’t want to talk any more about my question.  AH GEE!  (00:06.55.07)  Comment of polling site in the city finance office.   

12-18-3. Electioneering, offices, distracting communications devices, and signature gathering prohibited near polling place–Violation as misdemeanor.

Except for sample ballots and materials and supplies necessary for the conduct of the election, no person may, in any polling place or within or on any building in which a polling place is located or within one hundred feet from any entrance leading into a polling place, maintain a campaign office or public address system, or use any communication or photographic device in a manner which repeatedly distracts, interrupts, or intimidates any voter or election worker, or display campaign posters, signs, or other campaign materials or by any like means solicit any votes for or against any person or political party or position on a question submitted or which may be submitted. No person may engage in any practice which interferes with the voter’s free access to the polls or disrupts the administration of the polling place, or conduct any petition signature gathering, on the day of an election, within one hundred feet of a polling place. For the purposes of this section, the term, polling place, means a designated place voters may go to vote on the day of the election or go to vote absentee. A violation of this section is a Class 2 misdemeanor.

Source: SL 1897, ch 60, § 39; RPolC 1903, § 1923; RC 1919, § 7273; SL 1921, ch 222, § 1; SDC 1939, §§ 16.1209, 16.9920; SL 1974, ch 118, § 103; SL 1982, ch 86, § 84; SL 1985, ch 114; SL 2008, ch 34, § 14; SL 2009, ch 69, § 5; SL 2014, ch 71, § 1.

(00:08:27.83)  GORDON RICHARD PUBLIC INPUT  HRC report referring to the signs on the edge of town and the state of disrepair of the Welcome to Alcester Signs put up in the late 80’s by the Commercial Club now known as the Alcester Area Chamber of Commerce.

(00:09:33.83)  AGENDA ITEM #6  CHAMBER CHRISTMAS TREE LIGHTING  The Alcester Area Chamber of Commerce in conjunction and cooperation with One More Bar requested special permit for alcohol at the juncture of Iowa street and Second Street during the hours of 5:00 p.m. to 8:00 p.m.  Council approved the permit.  UNANIMOUS  VOTE OF THREE (3) AYE

(00:13:41.90)  AGENDA ITEM #7  STORM SEWERS  SOUTH  IOWA STREET.  City hired Roto Rooter to video some 249.7 feet of ‘steel pipe’ from somewhere south of First Street and Iowa Street junction to the Creek.  Sink holes have been occurring in Iowa Street South creating a hazard and Mayor Haeder wants to get to the ‘bottom’ of them.  Follow Mayor Haeder’s part of the discussion and his interpretation of the photos.  Mayor Haeder says, “…the corrugated…tubing is okay…the holes are in the top…”  The bookkeeper is not sure what needs to be done, well-go-howdy.  If the bookkeeper cannot understand the source of a hole, well there ya go FOPat doesn’t understand the video pictures of a wastewater line.  NO ACTION TAKEN.

(00:19:00.47)  AGENDA ITEM #8  LEGAL UPDATES CITY ATTORNEY SAM NELSON  NOTHING DONE

(00:19:20.20)  AGENDA ITEM #9  POLICE DEPARTMENT  Police Chief Austin Schuller and Office Grayson Lass were present.  Chief Schuller gave the monthly update and discussed police actions and investigation of the past week or so.  Business addressed (00:22:31.73) was the approval of the Radio Purchase of a Motorola Solutions invoice for $8,284.25 for Radio upgrade to be assessed against the 2023 Police Department budget.  Council approved the purchase UNANIMOUS VOTE OF THREE (3) AYE VOTE.  At this point (00:26:41.00) MOTION FOR EXECUTIVE SESSION UNANIMOUS THREE (3) AYES.  6:27 P.M. OUT OF EXECUTIVE SESSION FOR POLICE PERSONNEL AT 6:48 P.M.  NO ACTION TAKEN

(00:28:16.20)  AGENDA ITEM #8 REVISITED WITH EXECUTIVE SESSION WITH TELEPHONIC PARTICIPATION BY CITY ATTORNEY SAM NELSON SDCL 1-25-2.3 LEGAL.  (00:30:00.77) NO ACTION TAKEN ARISING OUT OF EXECUTIVE SESSION LEGAL.

(00:30:22.03) AGENDA ITEM #10 FINANCE OFFICE  DIRECT DEPOSIT forms to be filled out by city employees and other authorization housekeeping facilitating the move to Direct Deposit described by Finance officer Moore.  (00:35:08.90) APPROVAL OF WARRANTS.  October warrants were approved UNANIMOUS WITH THREE (3) AYE VOTES.  (00:36:32.33) 2023 OPERATING LIQUOR LICENSE AGREEMENTS WITH TOTAL STOP, ONE MORE AND ALCESTER GOLF COURSE.  UNANIMOUS WITH THREE (3) AYE VOTES.  Reminders and Updates. 

(00:39:10.97) AGENDA ITEM #11  HRC UPDATE  None

(00:40:33.33) AGENDA ITEM #12  EXECUTIVE SESSION  NOT NEEDED

(00:40:45.33) AGENDA ITEM #13  GOLF COURSE/EVENT CENTER  Information coming out of the agenda item is that errors in construction and failures in construction have not been completely resolved with final inspection to take place within the month of December.

(00:43:17.50)  AGENDA ITEM #14  ADJOURN    7:13 P.M.

Contact City Council

Mayor Dan Haeder                            605-934-2287     

Councilwoman Darla Reppe             605-934-2602

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen               605-934-

Councilman Kyle VandenHull          605-934-

Patricia Jurrens                                  605-934-2517