ALL THINGS ARE DIFFICULT BEFORE THEY ARE EASY.
THOMAS FULLER
The October 17, 2023, Alcester City Council meeting was called to order by Mayor Lukas Driesen with a recitation of the Pledge of Allegiance by the council and members of the gallery. Present were Councilwoman Darla Reppe, Councilwoman Kendra Hatle, Councilman Kerry Hedden, Councilwoman Cyndi Peeples, Councilwoman Julia Sundstrom, Councilman Brian Johnson, Alcester City Assistance Finance Officer Abigail Moore and Alcester City Attorney Austin Felts.
Agenda item #3 Approval of the agenda. (00:42.03) The agenda was approved with the amendment of adding an executive session 1-25-2.1 to Agenda Item #7 Police Department SDCL 1-25-2.1 Personnel. Motion was made by Councilman Brian Johnson to approve the agenda as amended; Second came from Councilwoman Julia Sundstrom. Unanimous vote aye, motion passed.
Agenda item #4 Approval of minutes of the October 3, 2023, meeting. (01:40.87) Councilwoman Peeples moved to approve the minutes of the October 3, 2023 meeting with no changes, second from Councilwoman Hatle. Unanimous vote aye, motion passed.
Agenda item # 5 Public Input (02:01.41) Vickie Larsen input dealt with revising the existing warrant form and possibly consider app. which would convert audio recording of meeting minutes to written form. The logic being a back up so meeting data is not missed and as a second source to make sure the minutes are accurate reporting of meeting discussions.
I would like to make some comments here to clarify my process of my videos of the Alcester City Council meetings. It is my practice once I have assembled the segments of my recording is to listen to the entire video so I may log and enter what I call time markers for salient points in my video and accompanying blog.
During the video of the October 17, 2023, Alcester City Council meeting I was logging the time markers in my video and when I got to the Agenda Item #9 Public Hearing part of my video, I realized in order to present the proposed amendments to the 2018 revised Alcester Zoning Regulations I needed to explain what was being changed and what exactly the changes were. I needed to have a copy of the 2018 revised Alcester Zoning Regulations for that information.
I went to the existing city website expecting to find those regulations on the site. Unfortunately, the Zoning Regulations were not there and the most current collective Alcester, City Ordinances were 2014 with the only ordinances approved after that 2014 Document were from 2022 and 2023. So, any ordinances, resolutions and so-on from the intervening years of 2015-2021 were apparently not recorded for public viewing on the Alcester website by previous finance officer Jurrens. If the City Municipal Ordinances appeared on the website, so should the Zoning Regulations in their entirety on the city website. If the residents are expected to abide by these regulations, they should have ready access to read them and apply them to their property projects. Property owners should have the ability to read and understand before they receive a violation notice from the city via Geoff Fillingsness.
As you will hear during this discussion of the push back from some residents as it deals with Alcester ordinances and zoning regulations. These ordinances and zoning are for the benefit, safety and property values of all residents of Alcester.
With that said, I would respectfully suggest the city publish the Zoning Regulations on the city website along with the City Ordinances. So, residents can actively work with the city to fix the problem, to find a workable and mutually agreeable solution to the issue and speak to their municipal representatives to that end.
In my opinion those who challenge the city’s authority with words like, “…you can’t touch me” or “…do you know how influential I am?” Well, me boyos, if y’all have such a large presence, then y’all can afford the fine with which you will be rewarded, you can afford the gas to Union County Court and recompense/expenses back to the city and its residents who made the effort to comply with the city regulations.
Agenda item # 6 Finance Office (03:54.46)
Council discussed the implementation of Banyon Software (accounting program user friendly and suitable for Alcester’s municipal needs). This discussion was tabled to the next regular meeting of the city council.
(06:11.53) Motion and second for Executive Session for SDCL 1-25-2.1 Personnel, unanimously approved. In session at 6:07 P.M., Out of session at 6:29 P.M. (07:13.26) Motion and second to hire Chris Hedden as Deputy Finance Officer at $16.00 per hour. Roll call vote: Councilman Johnson – Aye, Councilwoman Sundstrom – Aye, Councilwoman Peeples – Aye, Councilwoman Reppe -Aye, Councilwoman Hatle – Aye and Councilman Hedden – abstain. Motion approved.
(00:15:51.05) Motion to pay City’s share amounting to $2268.93 of the city obligation of utilities at Old School Center, 500 Dakota Street. Motion and second to pay, 5 ayes and one temporarily absent. Motion approved.
Agenda item # 7 Police Dept. (02:16:28.94) Updates on city building security and lock changes. Discussion on types of locks for all city offices and buildings. (00:02:24.08) Motion and second to go into Executive Session SDCL 1-25-2.1 Personnel In session at 6:44 P.M., Out of session at 7:00 P.M. (00:22:07.33) Motion and second to hire Kyle Kleinschmit as part-time police officer at $25.00 per hour. Vote x 5 ayes, 1 nay. Motion carried.
(00:25:48.95) Further discussion relating to Bonding information for the police department.
Agenda item #8 City Website Renewal (00:24:13.25) Discussion on WIX.com website regarding Wix Plan $2000.00 per year opposed to the WIX Core plan at $354.00. (00:37:20.38) Motion and second to go with the WIX.com, Core Plan paid upfront for one year at $324.00. Vote X 6 aye, unanimous.
Agenda item #9 Public Hearing. (00:37:54.27) Motion and second to adjourn city Council. Motion carried City Council adjourned at 7:19 P.M. (00:40:17.55) Motion and second to convene Alcester Planning and Zoning Board convened, (00:40:58.53) at 7:19 P.M.
* Note here I failed to spell check the word convene and it made it into the video spelled incorrectly…what can I say…OOPS
(00:42:37.17) 2023-05 change in Chapter 4, section 4.09 of the 2018 Revised Zoning Ordinance Regulations 2023-05. Simply put, the change reduces the rear set-back on residential from 25 feet to down to 15 feet for multi-family dwelling, single family detached dwelling, single family attached dwelling, all other uses 25 foot down to 7 foot and with the addition of stand-alone garage uses with a 7-foot rear set-back. Motion to recommend approval of 2023-05 amendment of Chapter 4, section 4.09. Unanimous vote X6
(00:43:02.25) 2023-6 change in Chapter 10, section 10.03 (k) of the 2018 Revised Zoning Ordinance Regulations. Simply put from the current language of the 2018 Revised Zoning Regulations of Chapter 10, Section 10.03 (k)… “In the event a fence is to be constructed on the property line, abutting property owners shall be notified prior to the issuance of a permit. It is recommended, but not required, that the property owners sign a fence maintenance agreement and file it with the Finance Officer and Union County Register of Deeds…” to the 2023-06 Chapter 10, Section 10.3(k) change of language presented to the Planning and Zoning Board “…1. Section 10.03(k) to amended to read: Chapter 10, Section 10.3(K) “There shall be no required setback for any constructed fence. In the event a fence is to be constructed on the property line, abutting property owners shall be notified prior to the issuance of a permit. For a fence constructed on the property line, property owners shall sign a fence maintenance agreement and file it with the Finance Officer and Union County Register of Deeds…” *
*NOTE-I would be careful of the definition of the terms ‘constructed’ fence and include ‘all abutting property owners’ shall sign agreement.
I would also strongly suggest to legal that any changes in existing ordinances/regulations use the strike-through option of what is being changed or deleted, followed by the amendment for clarity to the council and to the public.
Motion was made with a second to recommend approval of 2018 Revised Zoning Regulations amended listed as 2023-06. Unanimous approval.
(00:44:02.89) Agenda item 9(g) which involved approval of the plat for Farmers Elevator Tract, an addition in the SD1/4 of NE1/4 and NE1/4of SE1/4, Section 28T95N, 5th P.M., Union County, SD. This item was tabled due to a question on a private residence being assigned to FCS. Also. the lawsuit FCS launched against the City of Alcester and Tristam Rhoads family has not been resolved.
(00:53:19.43) Motion and second to adjourn the Planning and Zoning Board, unanimous aye Vote. The P&Z Board adjourned at 7:32 P.M.
(00:53:49.19) Reconvene the Alcester City Council Meeting at 7:32 P.M. (00:54:27.76) Motion and second to approve the recommendation of the Alcester Planning and Zoning Board on 2023-05 and First Reading of 2023-05. Unanimous Aye vote X 6, (00:54:51.29) Motion and second to approve the recommendation of the Alcester Planning and Zoning board on 2023-06 and First Reading of 2023-06. Unanimous vote X 6 Ayes.
Agenda item #10 – Legal Updates (00:55:25.28) Discussion on Building Permits, Regulation and Ordinance enforcement and remedies for those folks who violate regulations and ignore notices of violation. My comments which I expressed under Agenda item #5 stand. Folks, please contact your city council representative, the council as a whole or feel free to view the regulations yourselves to seek resolution to any regulation infringements. Instead of adopting a “tude” about your infringement, look at how it affects your neighbors, your safety, your property taxes, your insurance and your liability. Think about it. Just think about that $25.00 per hour the city must pay Geoff Fillingsness to spend distributing violations notices can instead go to reducing your taxes or those taxes of your neighbors.
Agenda item #11– Banner Associates – (01:20:51.17) Motion and second to pay Banner Invoice # 40853 for $3325.00. Unanimous X 6 Ayes. (01:21:25.00) Motion and second to pay Banner Request #6 for $226,857.95. Unanimous vote X 6 approval of payment. (01:22:52.72) Motion to schedule public hearing for CDBG and DANR 2024 Funding application. Date set for public hearing is November 21, 2023. Unanimous Vote X 6 approval.
Agenda item #12 – Community Center (01:24:03.56) Visions payment in the amount of $24,000.00. Motion, Second and Unanimous approval X 6 to pay the amount due. (01:28:10.56) Bond payment $7,486.83 approval. Motion, second and unanimous vote X 6 ayes for approval of payment.
Agenda item #13 – Annual Liquor License Renewals (01:29:11.61) It is noted here to make mention of abstentions in some of the votes. This happens when a council member has a pecuniary interest in the vote. In other words, the council member’s vote could be accused of benefiting, themselves or an employer.The mayor will call for a roll call vote to make a clear record of aye votes, nay votes and any abstentions.
Agenda item # 14 – Golf Course (01:33:58.84) Golf course discussion on the rental of a John Deere Gator. Lease amount is $912.00 for a ten (10) month duration of usages. Motion, second and unanimous approval of entering into this lease.
Agenda item #15 – City Government Forum Night (01:37:25.27) Scheduled for December 11,2023, from 6:30-9:00 p.m. Motion, second and unanimous X 6 aye vote.
Agenda item #16– City Insurance (01:39:04.58) This item was table for more information.
Agenda item #17 – Street Department (01:39:59.53) Motion, second and unanimous vote X 6 ayes to approve the expenditure of $12,791.58 due November 1, 2023, for street sweeper. Discussion on street signage with no action taken.
Agenda item #18– Park and Pool (01:50:12.23) discussion on three posts.
Agenda item #19 – Executive session if needed (02:04:40.17) No Executive Session needed.
Agenda item #20– Reminders (02:04:48.84)
Agenda item #21 – Adjourn (02:05:24.91) Meeting adjourned 8:44 p.m.
ALCESTER CITY COUNCIL MEMBERS
MAYOR LUKAS DRIESEN
COUNCILWOMAN DARLA REPPE
COUNCILWOMAN KENDRA HATLE
COUNCILMAN KERRY HEDDE
COUNCILWOMAN JULIA SUNDSTROM
COUNCILMAN BRIAN JOHNSON
CITY FINANCE OFFICER DAVID HODGSON