Mayor Glas called the July 5th, 2017, meeting to order at 6:03 p.m. with council persons; David Larsen, Audri Carlson, Julia Sundstrom-Lyle, and Dan Haeder present.  Council persons Lance Johnson and Darla Reppe were absent.

Keith Vandon Bosch, owner of Alcester Quickstop formerly known as DJ’s Express was present to obtain a liquor license.  A hearing was set for July 13, 2017, to expedite the licensure.

Update on 911 lawsuit.  A motion for summary judgment  against Union County was filed by the municipalities of Alcester, Beresford, Elk Point, Jefferson and North Sioux claiming unjust enrichment.  Union County was attempting to single out and charge the residents of the above named corporate municipalities for 911 dispatch services without parity for dispatch services on rural residents and Dakota Dunes.  Alcester Mayor Peter Larsen was the initiating force which united the Mayors of Beresford, Elk Point, North Sioux City and Jefferson to fight the unjust fee the Union county commissioners were attempting to levy on each person within the corporate city limits of each municipality.

Meagan Fischer was present to ask the city to allow her to raise the height of her privacy fence from six feet to nine feet.  This would be a zoning violation according to our code.  Councilman David Larsen moved to allow the individual offset of zoning, Alcester City Attorney Haugland explained there would have to be a zoning change not just a variance.  The motion died from lack of second and the question was to be placed on a future agenda.  It is interesting to note here Mayor Glas’ was most concerned with the shape and size of the posts on the fence, not the a violation of city code–predictable!

Angela Hansel was present to complete a variance* which would allow her to build a shed encroaching into the alley on the eastern edge of her property.  Councilman Dan Haeder moved to abandon that portion of the alley in favor of the Hansel’s shed.  City Attorney Haugland opened the question for public input.  I shared my opinion that we would be establishing a precedent which may have unintended consequences and the council should think carefully before granting this request.  Councilman Dan Haeder quickly responded with the comment, “I feel we have spent enough consideration and done our due diligence”.  At the end of Councilman Dan Haeder’s due diligence remark the vote was called and the abandonment of city property was granted by a 4 yea vote.   The question to grant a variance allowing the Hansel’s to encroach was called with a motion from Councilman David Larsen, a second from Councilwoman Julia Sundstrom-Lyle, no discussion and a vote of four quorum unanimous granted the variance.

Next Agenda item is one of great interest to ALL residents of Alcester.  Finance Officer Pat Jurrens and Mayor Glas decided the city should take the garbage billing away from Loren Fischer.  FO-Pat and Mayor Tom want to rewrite the current 1996 ordinance to allow FO-Pat to bill for garbage pickup because there are people who are using dumpsters or taking their garbage elsewhere.  According to the FO-Pat chitchat ’cause Mayor Tom did not feel up the explanation, each household/business within the city limits would be charged by the city for commercial/residential garbage pickup from the tipping fee, to the garbage can rent, dumpster rent, and garbage.  Those sharing dumpsters presumably would be charged individually at commercial dumpster rate and the dumpster tipping fee rate.  Apartment complexes appear to be in line for each apartment being charged a garbage fee which presumably include the tipping fee, the garbage can fee, and at presumably the $20-$25 garbage fee not a commercial rate.  It is unknown how the Assisted Living apartments would fare.  Of course we would not have the online ability to check our billing history, ’cause we still do not have a official city website with that link or information on it.  Former Finance Officer Mike Kezar told FO-Pat and Mayor Tom this was attempted in the past and failed miserably!  Feel free to contact your finance office, Mayor Tom or any of the council members for more information.

City employee information, the city street department has run out-of-money for patching our streets. During Mayor Peter Larsen’s tenure as Alcester City Mayor, the streets were on a rotating schedule with a specific number of streets budgeted for repair and chip sealed each year so that at the end of the schedule, all city streets had been repaired in a timely manner.  Under Mayor Rick Johnson the schedule was abandoned, the must have street $$$ patcher was purchased (and ultimately found lacking and still in inventory), streets were favored with a cursory patch here and there when the machine was working but the patches failed. This lack of attention and lack of budgeting has continued under Mayor Glas so now Alcester streets are a disaster.  It is not the fault of our street department guys, they can only work with what they are given.  It is the failure, inattention and crass inexperience of our past two mayors.

Oh Folks it gets better (not really).  Fo-Pat and Mayor Tom want to institute a special assessment.  Yup you got it, a speshal assessment!  This is where FO-Pat and Mayor Tom reach into your wallet and just leave ya’ll with just ne-kid leather.  The theory of this Special Street Maintenance FEE is residents in specific, designated areas will be assessed a not-to-exceed $2.00 per foot street maintenance fee to repair their street, the curb and gutter and whatever else that the nomenclature street maintenance  could mean ’cause according to FO-Pat all the cities are doing it.  Really?  Take a good long look at all those car-toons drawn on the street in front of your house, what are the odds that you are in a designated area for the FEE!

HRC update-the HRC Four Plex is for sale-  Appraisals and realtors are being groomed, so far Jensen and Weber are being courted for handling the sale.  Mayor Glas stated the city should not be in the building ownership business.  H-m-m.  When the HRC was formed in Alcester it was with the idea to sell the Four Plex once it was established, creating a sort of renewal/upgrade plan for the various empty lots and abandoned, derelict houses in town making use of the Governor’s houses to update the older parts of town.

Upcoming meetings:

• July 13, 2017    7:30 A.M.   Council meeting**
• July 18, 2017    5:00 P.M.   Budget committee meeting**
• July 18, 2017     8:30 P.M.   Planning and Zoning**

 

*the council asked Alcester City Attorney to aid in the variance application                              on the behalf of Angela Hansel contrary to Councilman Lance’s rant about paying for legal advice for private citizens who wanted their water bill statement each month and the FO wa denying them.

**set at July 5, 2017, council meeting but subject to change

The June 5th, 2017, regular Alcester City Council was called to order by Mayor Tom Glas with Councilman David Larsen, Councilwoman Julia Sundstrom-Lyle, Councilman Dan Haeder, Councilwoman Darla Reppe and Councilman Lance Johnson present. Councilwoman Audri Carlson was absent.

The Council recited the Pledge of Allegiance, approved the agenda with no additions or corrections, and approved the minutes of regular city council meeting held at 6:00 p.m. on May 1, 2017 and the (?) meeting held at 7:30 A.M. on May 23, 2017.

The Alcester City Council meeting held on May 23, 2017, was NOT a regular meeting but a meeting to effect the purchase of a new 2017 police car. I have to wonder why a special meeting at a special time had to be held on May 23rd. What was so urgent about the purchase of a new Cop car Mayor Glas, that this issue could not be held at the June 5th regular meeting of the Alcester City Council? A little short of funds this month, Mayor Glas?

Folks, special meetings are for emergent purposes. However, special meetings are to be just as open to the public as regular meetings, committee meetings, HRC meetings, and etcetera complete with published notices with dates, times and agendas. Changing the meeting time to 7:30 A.M. smacks of manipulation to effect a closed meeting. Why? I could speculate. Yup, I missed the meeting. That I missed the meeting was my fault, I failed to notice the time manipulation. Of course FO Jurrens failed to point out the time change when I picked up a copy of the agenda the day before, imagine that! So in addition to a new Cop car, it appears this fantastic beast of a car will be financed with the State Bank of Alcester over a period of four years.

Item 5 on the agenda was to amend the minutes of the March 2nd, 2017, meeting. Specifically to include “…Seat coat bids were opened. Road Guy bid $1.70 per square yard and Topkote bid $1.71 per square yard. Mark Dykstra made the motion to accept and approve the bid from The Road Guy at a rate of $1.70 per yard seal coating approximately 8,000 square yards. Audri Carlson seconded it. All voted aye…” Councilman Lance Johnson moved to accept the amendment to the minutes, with the second coming from Councilwoman Julia Sundstrom Lyle with unanimous quorum vote yes. BUT the council failed to approve the minutes with the amendment attached. Unfortunately by this failure to follow rules; the council who approved the March 2nd, 2017, minutes in the April 3rd, 2017, meeting, then voted to change (by adding an amendment) the March 2nd, 2017 minutes in the June 5th, 2017, regular city council meeting, and then FAILED to approve the March 2nd, 2017, minutes with the added amendment language,  left the March 2nd, 2017, minutes approved as written in the April 3rd, 2017, meeting and the June 5th, 2017, amendment dangling without being attached to the motion. I know this sounds complicated, but it is pretty simple.

• Motion A, 2nd to motion A, vote, majority vote yes. Motion A carrys.
• Amend Motion A to correct an error or omission. Motion B to amend Motion A, 2nd to Motion B, vote, majority vote yes. Motion B carrys.
• Motion C to officially approve Motion A with the insertion of the amendment approved in Motion B, 2nd to Motion C, vote, majority vote yes. Motion C carrys showing the Motion B officially attached to Motion A.*

* Keep this in mind for the sewer repair issue!

Updates on Malt beverage applications, Village West Apartment ordinance fiasco, and condemnation of 306 Iowa street condemnation.

Angela Hansel alley issue tabled from regular May council May meeting. At issue is a variance and vacation of city right-of-way in block 2 through block 3 alley between SD Hwy 11 and Circle Drive behind the property of Angela Hansel. Ms. Hansel wants to demolish the present small shed on the alley which was grandfathered in to cure an easement encroachment, then she wants to build a new shed to house motorcycles motorcycle trailer on a concrete pad that would encroach 1 foot by 12 feet into the actual alley violating the 25 foot set-back. Early on in this discussion it became apparent that a few council members knew what “grandfathered in meant”. ‘Grandfathering’ is an easement allowed on an encroachment that was in existence before current ordinances took effect. ‘Grandfathering’ is nullified and made void by demolition of the ‘grandfathered’ building. NO FO Jurrens you cannot legally take down one wall at a time, rebuilding the encroachment one wall at a time. Ordinance violation! Pure and simple.

It is the opinion of Mayor Glas and FO Jurrens to allow the abandonment of the 25 foot set-back and encroachment into the city alley.

SINCE WHEN DOES THE CITY BOOKKEEPER’S OPINION COUNT FOR ONE SORRY HILL OF BEANS ON THE ENCROACHMENT OF A CITY ALLEY?

When Alcester Councilwoman Jurrens resigned and applied for the position of Alcester Finance Officer she gave up all rights, privileges, voice and votes in Alcester City Council Meetings!

Alcester city attorney Chuck Haugland recommended Angela Hansel file a petition for the city to vacate the alley and ask for a variance to property code. Alcester city councilman Lance Johnson moved to have Alcester City Attorney Charles Haugland to write and file a petition for city vacation of the Alcester City alley for a private resident, Angela Hansel apparently at city cost. Councilwoman Darla Reppe seconded the (?) motion with a quorum unanimous vote of yes. Yup and just a month or so ago Councilman Lance Johnson delivered a smoking, wild-eyed’ rant about ‘residents’ getting free legal advice from the city attorney on the city’s dime. Evidently ol’ Councilman Lance likes to cherry pick, but I already knew that.

Joe Zweifel wanted to use a city alley (which utility trucks use to work on phone, electric, and etc.) to facilitate a cement truck delivering cement to the back of his property and FO Jurrens told him NO he could not and a statement she confirmed and reiterated during June 5th, 2017, council meeting.   Since when did FO Jurrens become the 7th council person with a vote?   She does not get paid to offer up legal opinions, it is up to the council to give permission if indeed permission is needed to use a city alley way. Evidently it is okay to build a shed and encroach in the city alley but not to allow  truck traffic.

Wastewater report-Here the chat was about the sewer sleeving project and the goat rodeo of an improper motion by Councilman Lance Johnson who failed to state where the money was to come from. Later an amendment was made but the full amended corrected motion failed to be called. So the old motion still stands and the amendment stands in limbo.

JULY MEETING DATE WAS SET FOR JULY 5, 2017 AT REGULAR TIME OF 6:00 PM

Planning and Zoning committee of Councilwoman Julia Sundstrom-Lyle, Councilman Dan Haeder and Councilman Lance Johnson set a time of 5:00 p.m. to meet but not a date. (THIS IS IMPORTANT TO NOTE)

Item 12-f-vii-e Elected officials workshop was called. This is a workshop that helps elected officials do things properly in the course of their meetings. The question was called who wanted to attend this workshop to which Alcester City Councilman Lance Johnson replied, “I do not want to go…Not my type of thing to go to…” (This was the guy who was appointed over me in my first attempt at appointment, the guy who called to me as we exited the building at the end of that meeting telling me he was only on the council for one year and was not going to re-up and I could have the seat after him. Yeah and I weigh 110.00 pounds!)   Motion to call the question of registration payment of up to $200.00 per person attending from Alcester City Council was made by Councilman David Larsen with a 2nd coming from Councilman Lance Johnson. Vote was called with a quorum unanimous vote of yes.

HRC update given by Mayor Glas who was so proud of his signs. Uhm, really? The sign on SD Hwy 46 is undersized, dark and blends into the background and are too low for the average traffic speed on Hwy 46. The other sign again is too dark, blends with background and if one does not know it is there, they will miss it. Mayor says he has two more waiting to be placed. Wonder how much those cost the HRC? I wonder how the interest payments are being made with no lots being sold and no principal being paid off. Déjà Vu?

Point of Order was called on amendment to the sewer repair which appears in my June 6th, 2017, blog.

Mayor called the question for adjournment. Motion to adjourn was made by Councilwoman Darla Reppe with the second to the motion coming from Councilman Lance Johnson. Unanimous vote yes, from quorum council adjourned the meeting.

NOTE: After adjournment Councilman David Larsen left the meeting room, but Mayor Tom Glas, Councilwoman Darla Reppe, Councilwoman Julia Sundstrom, Councilman Dan Haeder and Councilman Lance Johnson remained in the room along with FO Pat Jurrens and myself, Vickie Larsen. Four council members and Mayor Glas were still present in the room, a quorum existed. At this point Councilwoman Julia Sundstrom, Councilman Lance Johnson and Councilman Dan Haeder continued their earlier city business discussion concerning setting the date for a planning and zoning meeting and decided to set the time and date of the planning and zoning committee meeting for June 14, 2017, at 5:00 P.M. A quorum existed and city business was discussed after the meeting was adjourned, clearly a violation of open meeting. This is a tactic that has been used by other cities to circumvent open meeting laws relying on a rapid exit of gallery in most instances.

PART TWO

(MARCH 2, 2017, MEETING CONTINUED)

The March 2, 2017, regular Alcester City Council meeting was called to order at 6:00 p.m. by Mayor Tom Glas, with council members Mark Dykstra, Julia Sundstrom, Audri Carlson, Lance Johnson, Dan Haeder and Alcester city attorney Charles Haugland present with Councilman David Larsen not present.

The meeting agenda was approved with the exclusion of item #8-Kevin Pies Sidewalk/Parking Lot by the council. The minutes of the February 6th, 2017, meeting were approved as published and presumably written.

Mayor Glas seems to want to continue the discussion of the proposed south annexation next meeting so he directed the south annexation be placed on the next meeting agenda, Again!

Next up was North 40 (my term so as to distinguish from the South 40 Industrial Park) Industrial Park. Who-e-e-e! The city bookkeeper went after the city attorney, Again!

First up under the line item North 40 Industrial Park (previously annexed into the Alcester Municipal corporate limits) was a proposed sewer agreement regarding Lauren Lind. Lauren Lind is the owner of record of non-municipal real property in-line between the North 40 Industrial Park (some 73 +/- acres held by Alcester Industrial Park, LLC -a 501C3 non-profit, registered agent Jaimey Schempp) and sewer hook-up to the municipality of Alcester, SD. In order to facilitate municipal sewer hook-up for the North 40 Industrial Park to municipal sewer lines and sewage treatment a line must be run from the northern most point in the Industrial Park southward to a lift-station (yet to be built) ultimately connect with Alcester City sewer.

This line will by nature of the beast, require an easement to travel across the real property belonging to Lauren Lind. Mr. Lind will provide an easement to facilitate the sewer line in exchange for documented sewer hookup to his property along the easement.

Historically property owners wishing to hookup to city services such as water and sewer stand the cost for all hookup charges/easements from the water or sewer main line to the residence or facility for which they want service. So it is up to Alcester Industrial Park, Inc. or their developer to secure the easement to facilitate service hookup not the city of Alcester.

          NOTE: The development of the Alcester Industrial Park, Inc. (North 40 Industrial Park) property has been in-process of over a year. Now all-of-a-sudden Mayor Glas and FO Jurrens are hot-to-trot to “get-er-done” demanding Alcester City Attorney Chuck Haugland draw up the papers and documents A.S.A.P. FO Jurrens went on the attack when City Attorney Haugland explained the best he could get these documents researched and drawn was mid-March or early April because he was in the middle of tax season. FO Jurrens retorted she had called his office and talked to his girls. REALLY? FO Jurrens talked to his girls? Perhaps during annual meeting both Mayor Glas and FO Jurrens should attend a seminar on sexual awareness training in the workplace.

It is not the girls in the office or the boys in the street department!

          Mayor Glas seemed more than content to let the city bookkeeper (FO Jurrens) continue to be disrespectful to Alcester City Attorney Haugland and not reigning her in until Mayor Glas made his enlightened statement, (turning and addressing Attorney Haugland Mayor Glas said) “…For all the time you wasted here (about 30 minutes), you could have written the (documents)…” Really Mayor Glas? Your opinion of how long a legal document takes to construct and write is based on what expertise or work experience? What belfry rafter supports your opinion on the construct of a legal document?

Next line item #10e(ll) 2017 District meeting Previous request to send street personnel to the street conference; motion made by Lance Johnson, seconded and approved unanimously participation and related costs, request to send Police Chief Doty to annual Police Chief conference in Deadwood; motion made by Lance Johnson, seconded and approved unanimously participation and related costs. Now comes the question of the 2017 annual district meeting and those who would be attending at city taxpayer cost. Mayor Glas called this line item and asked who would be attending with input from FO Jurrens who announced the deadline to register was March 2, 2017, which was the day of the council meeting. Talk about last minute! FO Jurrens took down names and that was it. H-M-M-M? NO CALL OF THE QUESTION!

Line item #10e(lll), 2016 Annual Report. FO Jurrens painfully walked the council through the annual report document totally oblivious to the fact Mayor Glas failed to call the question 2017 District meeting question. There appeared to be balance problems with the audit report no action to approve the report was taken and approval was tabled to March 20th meeting after FO Jurrens had time to proofread her document.

Vickie Larsen (me) called POINT of ORDER on the meeting violation and failure of Mayor Glas to call the question, 2017 District Meeting, lack of motion to spend city funds to pay for registration and number of attendees. After discussion, Mayor Glas called the question of participation at the 2017 District Meeting in Hartford with a motion coming from Mark Dykstra, the second coming from Lance Johnson with unanimous approval on the question.

(it is to be noted here that the minutes of this meeting appeared in Volume 130, Issue 10, Thursday, March 9, 2017, page 9, of the official city newspaper, ALCESTER UNION-HUDSONITE and do not reflect the events of the point of order call so the minutes are not accurate.)

         

Finally call for adjournment

March 2, 2017, Alcester City Council Meeting adjourned at 7:39 p.m.