The March 6, 2023, meeting of the Alcester City Council was called to order by Mayor pro tem Lukas Driesen at 6:00 p.m. with Councilwoman Darla Reppe, and Councilman Kyle VandenHull. Councilwoman Cyndi Peeples participated via telephone with both City Attorney Sam Nelson and Attorney Austin Felts absent. The council and gallery recited the Pledge of Allegiance.
(00:00:47.63) AGENDA ITEM #3 – APPROVE AGENDA – Vote X3Ayes.
(00:01:42.47) AGENDA ITEM #4 – APPROVE MINUTES OF FEB. 6 & 20 – Vote X3 Ayes.
(00:02:18.90) AGENDA ITEM #5 – CONTRACT AMENDMENT # 2 BANNER ENGINEERING – This contract amendment #2 had three parts 1) Second rebidding services due to failure on the city finance office to publish and advertise bids for the project. 2) Construction phase to begin 2023 through 2024. 3) Construction observation. Ms. Miller, Banner representative stated the re-bid process would have happened anyway. Cost of this re-bid $17,100.00. Ms. Miller, Banner representative added an administrative cost for labor and mileage encompassing 244 trip between SF and Alcester. Cost of administrative labor, mileage and etc. is $24,500.00. Ms. Miller, Banner representative quoted a final observation cost of $18,300.00. The amended and additional costs of the project totaled $59,900.00, Allegedly 70% of the project cost is in grants, Arpa funding and Covid funding with 30% left to taxpayers? Vote X3 Ayes.
(00:10:27.30) AGENDA ITEM #6 – 1 MORE BAR – SPECIAL PERMIT – Augustine LaFramboise. Seeking special permit for street dance event. After some discussion the motion was made to allow the permit with the contingency 1 More Bar provide liability insurance. Vote X3 Ayes.
(00:12:46.17) AGENDA ITEM #7 – PREMIER BANK JAIMEY SCHEMMP – DISCUSSION Mr. Schempp addressed the council outlining the bank’s plan to add drive-up teller access along the east side of the bank which would take away six (6) parking spots on the west side of Iowa street. After Mr. Schempp’s remarks he asked for questions and input from the council. The council members listened to Mr. Schempp’s outline and were concerned with the reduction of parking spaces asking for examples of this type of teller access on an active street within a municipality. This was merely a discussion and explanation of plans with no action taken.
(00:25:30.97) AGENDA ITEM #8 – STREET UPDATES LONNIE jOHNSON – BUDGET CHANGES – Gist of this issue is the proposed purchase of an asphalt paver and asphalt roller to effect more efficient building and repair of our city streets. The question put to the council was Chip option versus Asphalt? Chip seal was not as long lived but considerably cheaper than asphalt. Asphalt provided a longer life and smoother streets. The idea of purchasing paving machine and a roller out-of-the street budget was presented with the argument than the projected cost of used machines would equal to the cost of Four (4) blocks of “contracted” paving. Summarizing that purchasing the machines would be the same cost as a one- time, Four (4) block contract paving. Two pavers were mentioned in Mr. Johnson’s discussion were a Cummins Paver with 3044* hours priced at $37,900.00, a Bomag ProPaver with 1860* hours priced at $34,500.00 and a Roller 2017 with 651* hours at $10,500.00. Total cost high end $48,400.00 to low end $45,00.00 depending on as-is inspection plus delivery costs. Motion was made and seconded to amend the Street Department Budge to support the purchase of this equipment at the $48,400.00 cost plus delivery costs. Vote X3 Ayes.
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(00:44:46.20) AGENDA ITEM #9 – PUBLIC INPUT (00:44:53.43) Rich Akland – Announced a Pickle Ball Tournament April 1, 2023, partial proceeds to benefit the Golf course. (00:47:19.43) Mayor Pro-Tem Lukas – Announced a third (3rd) installment of $25,000.00 donation presented to him by Jerry Joachim. Mayor Pro-Tem Lukas also announced the bar basement had been cleaned out, found mold present and the city was in the process of taking care of that and Mayor Pro-Tem Lukas has received a complaint by a party on Broad Street of a very large pig and the complainant did not think that was proper. (00:48:04.80) Vickie Larsen – Addressed concerns of a possible conflict of interest by our legal representative offering legal advice to Burkes regarding their demand of property taxation return. I also addressed resident concerns on quorums maintained or not maintained in council meetings. Some of these concerns came from former council persons and mayors. Finally I addressed the Plat and Zoning of a water way south of the FCS property. While searching statutes, erosion controls and so forth as it applies to the creek which runs along South Street westward outside of city limits, I discovered a civil lawsuit launched by FCS against the City of Alcester and Land Owners south of the property annexed into the city borders around February 2016. This is a civil lawsuit #63CIV22-00048 Titled FARMERS CO-OPERATIVE SOCIETY Plaintiff vs. City of Alcester and other co-defendants. It appears that FSC is laying claim to a strip of land running west of Iowa Street, extending from the two large culverts in the juncture of Iowa Street and South Street. Now Folks this would be an extension of South Street but for the fact it is a water way. SDLRC 11-2 Water Rights- “In South Dakota all water is the property of the people and the right to use of that water through…”
A-N-D WHY? were the residents of Alcester kept in the dark about this lawsuit? This was filed in 2022 during the reign of Mayor Haeder. Attending documents indicate service documents and receipt of service documents, nowhere did I find any negotiations and it appears this issue is still pending.
(00:53:56.57) Public comment on Public comment? lol
The lawsuit to which I referred is a civil lawsuit allegedly to quiet a title but might give FSC the idea they can re-route water flow and take advantage of moving boundaries to benefit them.
Much like what happened with Carter Lake in Iowa. The Missouri River changed its course creating an orphan community on the west side of the river when the two nearby cities of Omaha and Council Bluffs wanted no part of providing any services to it. Finally Carter Lake was adopted by the state of Iowa in 1930 and it remains in Iowa to this day. A small exclave surrounded by Nebraska and suffering legal chaos, two Supreme Court rulings as reported by John Schreier in his article, “Carter Lake’s colorful, confusing history”. https://cityofcarterlake.com/departments/city-hall-department/history/
(00:57:13.23) Gordon Richard asked the question he had been asked by community members. why is the bar never open?
(00:58:59.27) AGENDA ITEM #10 – GOLF COURSE – DISCUSSION OF VACANCY ISSUE TABLED NO ACTION
(00:01:02:35.37) AGENDA ITEM #11 – LEGAL UPDATES ATTORNEYS FELTS AND NELSON? NO SHOW
(00:01:02:43.57) AGENDA ITEM #12 – WATERMAN BILL APPROVAL – $1240.82 Restroom repair at the bar. Vote X3 Ayes
AGENDA ITEM #13 – ORDINANCE 2023-02 DISCRETIONARY TAXATION OF REAL PROPERTY SECOND READING ERROR HELD OVER FROM PREVIOUS AGENDA IN ERROR.
(00:01:05:46.17) AGENDA ITEM #14 PLAT MAP APPROVAL Plats of Lots 1 & 2 south Addition, An Addition in the Southeast 1.4 of Section28, T95N, 5thPM, City Alcester, Union County, South Dakota . Movement into Planning and Zoning Board did not happen. Discussion continued with regard should annexation happen before platting land outside of city limits.
Issue was tabled until Lawyers show up!
(00:01:16:26.33) AGENDA ITEM #15 FINANCE OFFICE UPDATE
(00:01:17:48.60) Annual report 2022 approval VoteX3 Ayes
(00:01:26:25.80) Board of Equalization meeting set 03/20/2023 6:00 p.m. Vote X3 Ayes.
(00:01:29:50.63) AGENDA ITEM #16 – EXECUTIVE SESSION SDCL 1-25-2.1 PERSONNEL NOT NEEDED
(00:1:30:00.37) AGENDA ITEM #17 ADJOURN 7:31 PM
Contact City Council
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
A Voice from the Gallery 