03/06/2023 A Voice From the Gallery

March 8, 2023

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.

(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

02/20/2023 A Voice From the Gallery

February 21, 2023

Mayor, President, and Vice President
The chief executive officer of a first or second class municipality under the aldermanic form shall be a mayor. The mayor shall hold office for a term of not less than two nor more than five years as determined by ordinance (§9-8-1).

The mayor shall preside at all meetings of the council but shall have no vote except in case of a tie as long as the vote does not create a liability or appropriate money. He shall perform such other duties as may be prescribed by the laws and ordinances, and take care that such laws and ordinances are faithfully executed. He shall annually and from time to time give the council information relative to the affairs of the municipality, and shall recommend for their consideration such measures as he may deem expedient. He shall have the power to sign or veto any ordinance or resolution passed by the common council, and the power to veto any part or item of an ordinance or resolution appropriating money (§9-8-3). The veto, with written objections, must be filed with the finance officer within ten days after final passage (§9-19-10). The vetoed ordinance or resolution must then be presented by the finance officer, with the mayor’s written objection, to the council at their next meeting for reconsideration. If the ordinance or resolution passes by a two-thirds vote of all the aldermen, it shall be published and become effective (§9-19-11).

At the first regular meeting after the annual election in each year and after the qualification of the newly elected alderman, the council shall elect from among its own members a president and vice-president, who shall hold their respective offices for the municipal year. The president of the council in the absence of the mayor shall be the presiding officer of the council, and during the absence of the mayor from the municipality or his temporary disability shall be acting mayor and possess all the powers of the mayor. In the absence or disability of the mayor and president of the council, the vice-president shall perform the duties of the mayor and president of the council (§9-8-7).

The February 20, 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, Councilwoman Cyndi Peeples and Councilman Kyle VandenHull, Attorney Austin Felts present and with City Attorney Sam Nelson absent. The council and gallery recited the Pledge of Allegiance.

(00:43.63) AGENDA ITEM #3 – APPROVE AGENDA – Question on agenda item #4 – 1 More bar Approve with no change to agenda. There would be no motions made. Agenda approved with no changes. Vote X3Ayes.

(00:03:32.17) AGENDA ITEM #4 – 1 More Bar – Special permit street dance discussion with no action taken.

(00:12:05.37) AGENDA ITEM #5 – PROPERY TAXES – MIKE AND KRISTI BURKE seeking a tax abatement from the city of Alcester to the tune of $11,016.00 plus or minus as a result of their application for Discretionary Taxation which was later described and revised in the 2022 legislationeffective July 1, 2022. language contained in Ordinance 2023-02. Our city attorney Austin Felts was apparently tasked with the justification for allowing the abatement which the city of Alcester had no control and whose legal fees for the time spent on this issue is assessed to the taxpayers of Alcester. The council made no decision at the meeting. My opinion is that the Burkes need to seek redress from someone other than the City of Alcester and seek their own legal counsel. (00:30:21.83) Mike Burke says, “…We feel the city (Alcester taxpayers) owes us…)

LET THE COUNCIL KNOW YOUR OPINION ON THIS.

(00:32:03.13) AGENDA ITEM #6 – PUBLIC INPUT – VICKIE LARSEN (00:32.08.83) Addressed issues concerning having the city attorney do research on behalf of a private individual at city cost? Audi costs (actually the city hall)? Reimbursements to Pat Jurrens in the amount $412.22 which was an overspend of her city credit card? Code of Conduct and application. Pat Jurrens time spent on various boards as representative of the city on city time when a council person could be tasked with the membership on the boards. Finally I requested the Log for the city car. Who checked the car out, What purpose was the car checked out, Where did the car travel and How many miles were put on the car. This is to track how the car is used, who is using it and which department should the cost of the use of the car be distributed. MIKE BURKE (00:37:06.40) asks about council seat vacancies. I would suggest that background checks should be applied to all prospective council seat applicants.

(00:38:16.23) AGENDA ITEM #7 – COMMUNITY CENTER UPDATE LANDON NYGARD/KELSY ERICSON

(00:40:51.17) AGENDA ITEM #8 – GOLF COURSE There was a discussion regarding the old golf course clubhouse. Suggestions of possible AirB&B type dwelling. I would strongly suggest if any type of B&B situation is broached, that inspections as to safety and habitability are required by the city. If these structures are being rented, they must meet all codes and be regularly certified as safe for habitation. Receipt of the resignation of Landon Nygard as golf course superintendent effective March 17.2023. Resignation was accepted by council vote.

(00:54:03.87) AGENDA ITEM #9 – LEGAL UPDATES – AUSTIN FELTS Among the issues discussed were chip seal bids, police policy manual, Closson letter update and At-Large Alderman vs. Wards. I did speak out against this move for the simple fact, we could end up with taxpayers being disenfranchised because their representative was not living in the Ward therefore had no skin in the game so-to-speak.

LET YOUR COUNCIL KNOW HOW YOU FEEL!

(01:00:17.90) AGENDA ITEM #10 – POLICE DEPT. Patrol car storage. At this point the two police vehicles are being stored in the street department building and blocking the immediate access to snow plows etc. Discussion covered the two vehicles should not be stored outside in the street. However other options are available immediately until a garage can be constructed. One option is to store the two vehicles in the golf cart building and another option is to store the vehicles in the Ag. room of the old high school building.

(01:14:08.27) AGENDA ITEM #11 – WATER METER PROJECT CASH FLOW OPTION OVER FOUR YEARS (100 meters per year) Installation would be separate. Emphasis that the cost of this project would be covered by the water fund $186,000.00 and which cost would not be reflected on the taxpayers water bills.

(01:25:16.27) AGENDA ITEM #12 – WASTEWATER FACILITY PLANT UPGRADE Banner Representative Tanya Miller wants a pre-bid meeting with council on February 28, 2023.

(01:26:26.13) AGENDA ITEM #13 – ORDINANCE 2023-02 DISCRETIONARY TAXATION OF REAL PROPERTY SECOND READING Vote X3 Ayes.

(01:29:47.40) 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 This action was tabled due to a question of annexation of the parcels involved. Need for more information.

(01:40:33.00) AGENDA ITEM #15 PREMIER BANK REMODEL CHANGE IN IOWA STREET.

(01:44:35.70) AGENDA ITEM #16 – 2022 AUDIT APPROVED X3 AYES

(01:46:53.13) AGENDA ITEM #17 FINANCE OFFICE UPDATE

(01:50:21.47) AGENDA ITEM #18 EXECUTIVE SESSION SDCL 1-25-2.1 PERSONNEL APPROVED X3 AYES

EXECUTIVE SESSION AT 7:50 P.M.

OUT OF EXECUTIVE SESSION AT 8:23 P.M. NO ACTION TAKEN

(01:51:16.50) ADJOURN

Motion was made by Councilwoman Darla Reppe and seconded by Councilwoman Peeples. Vote X3 Ayes Meeting adjourned at 8:23 pm