Tag: www.avoicefromthegallery.com

09/09/2025 A Voice from the Gallery

“Where you see wrong or inequality or injustice, speak out, because this is your country. This is your democracy. Make it. Protect it. Pass it on.”

Thurgood Marshall

The September 9, 2025, regular meeting of the Spirit Lake City Council meeting was called to order at 5:30 p.m. with Councilman Brett Johnson, Councilwoman Angela Kofoot, Councilman Keith Brockmeyer, Councilman John Chappas and Councilman David Mensing present in their seats in the council room.  The meeting was called to order with the recitation of the Pledge of Allegiance by all.

          Agenda Item #1 – Consent Agenda   Mayor Bice called for a motion to approve the items contained within the Consent Agenda.  Items included:  a) Minutes of the August 26, 2025, regular meeting of the council, b) Warrants for September 2025, c) Treasurers report for August 2025, and d) Approval of Class C Retail Alcohol Licenses for El Mariachi Bar & Grill, Toast on Hill, and El Caporal Mexican Restaurant.  Motion was made by Councilwoman Kofoot, Second from Councilman Brockmeyer, with no further discussion Mayor Bice received a voice vote of unanimous five (5) Ayes votes.

          Agenda Item #2 – Resolution approving the primary plat of Southern Hills Fourth Addition Subdivision.  Mayor Bice called for a motion to approve the resolution as described.  Motion to approve was made by Councilman Mensing, Second from Councilwoman Kofoot, discussion dealt with a question on the name by Councilwoman Kofoot.  Mayor Bice called for a roll call vote.  Councilman Johnson abstained, Councilwoman Kofoot – Aye, Councilman Chappas – Aye, Councilman Brockmeyer – Aye and Councilman Mensing – Aye for a unanimous X4 Aye vote.

Agenda Item #3 – Iowa Lakes Corridor Update Trevor Smith was present to give the update and to introduce new member Jenny Dykema.  The Iowa Lakes Corridor serves four (4) counties with regard to Business Retention, Wages, salaries & benefits, and data.

Agenda Item #4 – Resolution accepting competitive quote, awarding to the prevailing bid on the e 2025 City of Spirit Lake Lime Pit Discharge Improvement Project.  Three quotes were received and the prevailing bidder was VanderPol Excavating with a bid of $261,590.00.  Mayor Bice called for a motion to accept and award the winning bid. Motion was made by Councilman Brockmeyer, Second was from Councilman Mensing and without further discussion Mayor Bice called a roll call vote:  Councilman Johnson – Aye, Councilwoman Kofoot – Aye, Councilman Brockmeyer – Aye, Councilman Chappas – Aye and Councilman Mensing – Aye for a unanimous X5 Aye vote.

Agenda Item #5 – Discussion and possible action regarding Urban Renewal General Engagement Agreement with Ahlers-Cooney, PC Law Firm.   A requirement viewed as necessary by City Attorney Owens or is it City Administrator Owens with very little explanation other than the one I received after the meeting adjourned.  Just a quick look up this firm describes itself as “…an entity which understands Iowa’s cities, counties, municipal utilities and other public bodies require comprehensive representation…and their attorneys also service a bond counsel for cities, counties and municipal utilities…”

(https://www.ahlerslaw.com/practice-areas/public-law-practice-area).

Motion to enter into an agreement with Ahlers-Cooney, PC to presumably handle the Urban Renewal General Engagement Agreement was made by Councilman Johnson, with Second coming from Councilwoman Kofoot.  No specific discussion as to the who, what and where of costs, span of representation and etc. was made at the time of the motion.  Mayor Bice called for a vote to approve; voice vote unanimous Aye X5.  Since there was no copy of the agreement provided to the Gallery I have questions: Exhibit A – Scope of Services to be provided to our City Attorney and our city which should include review and analyze the existing plans, conduct public outreach and engagement, perform market and feasibility studies, develop and present alternative land use concepts, prepare grant application and financial models, providing project management and oversight. Exhibit B – Compensation Schedules, hourly rates (principle $? per hour, project manager $? per hour), fixed fees, and payment milestones Exhibit C – Other entities involved.

          Agenda Item #6 – Appointment of Airport Authority Board.

      Motion by Councilman Mensing, Second from Councilman Johnson to approve the board. (I was having trouble hearing, but I did not hear the members who were appointed or re-appointed until I read them in the minutes of the meeting published on the website.

Prior to adjournment on agenda the entries listed below appeared:

  • Meeting minutes Planning and Zoning Commission?
  • Comments by Public
    • Vickie Larsen expressed concerns of no parking signage on 23rd street regarding size, height, color and proper placement of city signage.  Iowa Code 321.358 (Manual on Uniform Traffic Control Devices (MUTCD) In Iowa, signage follows the guidelines of the national Manual on Uniform Traffic Control Devices (MUTCD), which dictates the color, size, and placement of signs to indicate speed limits and related information
      • Vickie Larsen also spoke to the lack of city council adjournment times appearing in the minutes or announced by the mayor as he declares the meeting adjourned.  What time?  Is there a reason for not publishing the time of adjournment or duration of the regular meetings?
    • Another member of the gallery spoke to the parking on Hill Avenue and Lake Street in the downtown area.  Specifically addressing the 2-hour time frames allowed.  (Gretchen Hinn-the name was taken from the website minutes.)
  • Comments by the Mayor, Council and Staff.

Adjournment

          Motion by Councilman Chappas, Second by Councilman Johnson, no discussion with a unanimous Aye X5 vote.  Mayor Bice announced the meeting was adjourned but failed to state the time of 6:00 p.m. adjournment. 

After the meeting I asked the question, why does the City of Spirit Lake need to hire a firm out of Des Moines when we have our own City Attorney/City Administrator who I presume has been licensed and is current in his certification by the Iowa Bar.

Some good advice from Thurgood Marshall.

“Each of you, as an individual, must pick your own goals.  Listen to others, but do not become a blind follower.”

Thurgood Marshall

08/26/2025 A Voice from the Gallery

“In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place, oblige it to control itself”.

Alexander Hamilton

 Mayor Bice called the regular meeting of the Spirit Lake City Council to Order on August 26, 2026, at 5:30 p.m. with the recitation of the Pledge of Allegiance.  Council members Brett Johnson, Angela Kofoot, John Chappas and David Mensing were present with Councilman Keith participating via telephone.

          AGENDA ITEM #1 Mayor Bice called for the council consideration of the Consent agenda which contained a) the minutes of the August 12, 2025, regular meeting for approval, b) the warrants for August 2025 approval for payment, c) council consideration and approval of the retail alcohol license for Juniper Lane (class C retail alcohol license), and d) council consideration and approval of the change in ownership of the retail alcohol license for Hy-Vee and Hy-Vee Wine and Spirits license.

          Motion by Councilwoman Kofoot, Second by Councilman Mensing with no further discussion, the council voted to approve collectively the consent agenda items a) through d) with a unanimous vote X5.

          It is to be noted here that contrary to what appears as the recorded minutes these items were treated as one aye vote response which encompassed the various parts of the consent agenda as a group not individually.  The purpose of a consent agenda is loosely described as streamlining measure however “Consent Agenda” is not defined specifically in IOWA CODE.  Chapter 21 of Iowa Code does deal with the dos and don’ts of Consent Agenda by detailing the process by which Consent Agenda is effected into the municipal government meeting and how it is reported in the minutes of the regular meeting.  The Iowa League of Municipalities is a great source for cities using this manipulation of process.

          AGENDA ITEM #2   Mayor Bice called for the consideration of Resolution* 2025-42 cancelling a previously scheduled public hearing and setting a new public hearing on the proposed annexation and approve publications of hearing notice.  Explanation, a public hearing had been scheduled for August 26, 2025; to deal with an annexation request by Lee Seemann and Indian Hills Properties however due to the recent withdrawal of that previous request and submission of a new request to annex additional real estate properties with certain exceptions the city council must adequately review the effects the changes to the annexation request and exceptions will have on jurisdictional questions and possible municipal liabilities.  Mayor Bice called for a motion to approve the withdrawal of the previous application and accept in its place the new applications for public hearing projected date September 223, 2025, and approval by the city council.

          Motion by Councilman Johnson, Second by Councilman Mensing and with no further discussion, Mayor Bice called for a roll call Vote.  Councilman Johnson-Aye, Councilwoman Kofoot – Aye, Councilman Brockmeyer via phone – Aye, Councilman Chappas – Aye and Councilman Mensing – Aye for a unanimous Aye vote X5.

          AGENDA ITEM #3  Mayor Bice called for consideration of the Resolution 2025-43 which would approve a water service agreement with Osceola Rural Water System, Inc.  The council has deemed an agreement for water services between the city of Spirit Lake and ORWS (Osceola Rural Water System) necessary and seeks approval of Spirit Lake City Council.  While the verbiage of the written Resolution provided the gallery did not mention a monetary amount or full name of the mayor for signature, during discussion an amount of $75,000.00 per a Formula calculation and a reference to fire services by Councilman Johnson’s query.

          Motion by Councilman Chappas, Second by Councilman Johnson and with no further discussion, Mayor Bice called for a roll call Vote.  Councilman Mensing-Aye, Councilman Chappas – Aye, Councilman Brockmeyer via phone – Aye, Councilwoman Kofoot – Aye and Councilman Johnson – Aye for a unanimous Aye vote X5. 

          AGENDA ITEM #4  Mayor Bice called for consideration of the Resolution 2025-44 in which council approval is sought to notify and certify to the (Dickinson County I presume?) County Treasurer of $445.00 delinquent unpaid nuisance charges against individuals, properties, parcels and out lots listed as West Okoboji Harbor, Inc.

          Motion by Councilman Chappas, Second by Councilman Johnson and with no further discussion, Mayor Bice called for a roll call Vote.  Councilman Mensing-Aye, Councilman Chappas – Aye, Councilman Brockmeyer via phone – Aye, Councilwoman Kofoot – Aye and Councilman Johnson – Aye for a unanimous Aye vote X5.

          AGENDA ITEM #5   Mayor Bice called for consideration of Resolution 2025-45 in which council approval is sought to notify and certify to the (Dickinson County I presume?) County Treasurer of $230.00 delinquent unpaid nuisance charges against individuals and properties listed as Lakeview Trust, Osbornes Addition.

Motion by Councilman Chappas, Second by Councilman Johnson and with no further discussion, Mayor Bice called for a roll call Vote.  Councilman Brockmeyer via phone – Aye, Councilwoman Kofoot – Aye, Councilman Johnson – Aye, Councilman Chappas – Aye, Councilman Mensing-Aye, for a unanimous Aye vote X5.

AGENDA ITEM #6    Mayor Bice called for a discussion of and possible council action regarding the 2025 City of Spirit Lake Lime Pit Discharge Improvement Project.  Per comments offered without disclosing the quote amount nor the entity which did offer ups what I presume was the one and only quote on the project, Mr. Arneson, representative of Beck Engineering commented he was concerned only one quotation was received and due to the short time frame in the bidding process which may have prevented competitive bidding on the project.

Council members discussed this scenario and elected to reject the one quote, sending it back and to have the project put back up for competitive bidding with a lengthier time frame allowed for presenting bids to the city.

Motion by Councilman Mensing, Second by Councilman Johnson and with no further discussion, Mayor Bice called for a voice vote to approve a re-bid for the project.  Vote was unanimous  Aye vote X5

With communications, comments by the public in which Vickie Larsen suggested the public input be moved higher up on the agenda to allow the public make comments on any agenda items BEFORE the council vote, comments time for mayor, council and staff.

          ADJOURNMENT    Mayor Bice called for a motion to adjourn.

          Motion was made by Councilman Chappas, Second by Councilwoman Kofoot and with no discussion, the unanimous Aye vote X5 closed the meeting

at 5:50 p.m.

Folks I would like to address the absence of some things from the minutes which I feel should be documented in those official meeting minutes.

06/24/2025 A Voice From the Gallery

I pledge allegiance
to the Flag of the United States of America,
and to the Republic, for which it stands;
one nation, indivisible, with liberty and justice for all.

Mayor Bice called the meeting to order with Councilwoman Kofoot, Councilman Brockmeyer, Councilman Chappas, Councilman Mensing present and Councilman Johnson presence via telephone with the recitation of the Pledge of Allegiance.  As I write this, I am reminded of Richard Bernard Skelton aka Red Skelton performance of:

“Red’s Pledge of Allegiance*

“I had this one teacher, he was the principal of the Harrison School, in Vincennes, Indiana. To me, he was the greatest teacher, a real sage of my time. He had such wisdom. We were all reciting the Pledge of Allegiance one day, and he walked over. This little old teacher – Mr. Lasswell was his name. He said: “I’ve been listening to you boys and girls recite the Pledge of Allegiance all semester and it seems as though it is becoming monotonous to you. If I may, may I recite it and try to explain to you the meaning of each word?”

I – me, an individual, a committee of one.

Pledge – dedicate all my worldly goods to give without self-pity.

Allegiance – my love and my devotion.

To the Flag – our standard, Old Glory, a symbol of freedom. Wherever she waves, there is respect because your loyalty has given her a dignity that shouts freedom is everybody’s job.

Of the United – that means that we have all come together.

States – individual communities that have united into 48 great states. 48 individual communities with pride and dignity and purpose, all divided with imaginary boundaries, yet united to a common cause, and that’s love of country.

Of America.

And to the Republic – a republic – a state in which sovereign power is invested in representatives chosen by the people to govern. And government is the people and it’s from the people to the leaders, not from the leaders to the people.

For Which it Stands!

One Nation – meaning, so blessed by God.

Indivisible – incapable of being divided.

With Liberty – which is freedom and the right of power to live one’s life without threats or fear or any sort of retaliation.

And Justice – the principle and quality of dealing fairly with others.

For All. – which means, boys and girls, it’s as much your country as it is mine.

And now, boys and girls, let me hear you recite the Pledge of Allegiance.

“I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, indivisible, with liberty and justice for all.”

Since I was a small boy, two states have been added to our country, and two words have been added to the Pledge of Allegiance – “under God.” Wouldn’t it be a pity if someone said, “That is a prayer,” and that would be eliminated from our schools too? – Red Skelton”

*About Red Skelton – Vincennes University. https://www.vinu.edu/about-red-skelton.html#Artist, date accessed June 26, 2025.

After we resumed our seats after the pledge, Mayor Bice called for:

Agenda Item 1-Consent Agenda which consisted of:

  • Approval of minutes of the previous public meeting.
  • Approval of warrants since the previous meeting.
  • Approval of an alcohol license for Kwik Star 1012 Class B retail which is described: “allows for the retail sale of beer and wine for off-premises consumption, and may also permit wholesale sales to other on-premises retailers”. 
  • Approval of a cigarette permit …which remains a mystery to whom the permit was issued since it was not stated on the agenda nor did I hear any name attached to the permit.

A consent agenda consists of typically routine, procedural and non-controversial matters grouped together for a single vote and is allegedly to save time and allow the council to focus on more significant issues.  So, tell me Spirit Lake City Administrator/Spirit Lake City Attorney Owens who I presume is the author of this consent agenda, warrants (city bills) are not a significant issue?  That approval and verification of the accuracy of previous meeting minutes have no relevancy City Administrator Owens?  It seems to me the definition of streamline Spirit Lake City meetings is to hide behind the green curtain of OZ.  MOTION by Councilman Brockmeyer, 2ND by Councilwoman Kofoot, no call for further discussion, Mayor Bice called for a roll-call vote which resulted in a unanimous X5 aye vote.

Agenda Item #2– 2025 City of Spirit Lake Pointe of Pines 3rd Additional Infrastructure Improvements Project with a public hearing on the matter but with no description or detailing on this agenda item/resolution document available in the meeting.   Meeting was opened to public comment on this one issue.  Two gentlemen asked the question referencing caps on lot prices and TIF tax increment fund.  With no real answers to these gentlemen’s query and no further public input the public comment part of this agenda item was closed and the council moved to vote on the Resolution.  MOTION was made Councilman Mensing, 2NDby Councilwoman Kofoot, no question for further discussion, Mayor Bice called for a roll-call vote which resulted in a unanimous X5 aye vote.

Agenda Item #3 $2,065,000.00 (Dollar Amount Subject to Change) General Obligation Capital Loan Notes Resolution. And again, no resolution document present for the public follow along and read, nor was there any explanation other than a reference to approving electronic bidding procedures and Official Statement of which there was no copy present.  MOTION by Councilman Chappas, 2ND by Brockmeyer and with no question for further discussion Mayor Bice called for a roll-call vote which resulted in a unanimous X5 aye vote. Please note the Parenthetical notice that the Dollar Amount is subject to change and there was no discussion as to how that amount could change up or down?

Agenda Item #4   Olde Town Betterment Incentive Program Applications for 710 Lake Street.  Mike Alberts discussed and described potential changes to the building in question.  MOTION by Councilwoman Kofoot with a 2NDfrom Councilman Johnson to consider the application.  Vote?

Agenda Item #5   Resolution approving Pay Application #4 and closing out the WTP Automation and Control Upgrades Phase 1 Project with an appearance by Zack from Beck Engineering.  No description provided nor any details on the contents of the resolution.  MOTION by Councilman Mensing, 2ND by Councilman Brockmeyer, no call for discussion, Mayor Bice called for a roll-call vote, roll call vote was unanimous X5 aye vote.

Agenda Item #6   Resolution approving application for change order Reconstruction Project re 2024 City of Spirit Lake Pinewood Drive and 35th street, once again no documents provided to describe or detail the resolution. Motion by Councilwoman Kofoot, 2ND by Councilman Mensing, no call for further discussion or detail description.  Mayor Bice called for a roll-call vote which resulted in a unanimous X5 aye vote.

Agenda Item #7 Resolution for non-profit grants.  Again, no document present for gallery nor was there a suitable description of the resolution.  MOTION was made by Councilman Brockmeyer, 2ND by Councilman Chappas with no call for further discussion Mayor Bice called for a roll-call vote by Mayor Bice.  Roll call vote was unanimous X5 Aye Vote.

Agenda Item #8 Resolution non-profit Grant Meals-on-Wheels.  Again, no resolution document describing the action to be taken.  MOTION by Councilman Mensing with 2ND from Councilman Chappas, no call for further discussion, Mayor Bice called for a roll-call vote which resulted in a unanimous X5 aye vote.

Agenda Item #9   Resolution to approve a transfer of funds.  Sounds like the AC was just turned on.  Another resolution without document for public perusal and full explanation or description of action.  MOTION by Councilman Johnson, 2ND from Councilwoman Kofoot, no call for further discussion to clarify this action, Mayor Bice called by a roll-call vote which resulted in a unanimous X5 aye vote.

Agenda Item #10   Appointment to Boards and Commissions.  Library Board question involved the reappointment of a current member but because the council cannot seem to find funds for microphone so the public can hear must resort to reading lips the name of the appointee cannot be confirmed until the publication of the minutes in the official city newspaper.  MOTION by Councilman Brockmeyer, 2ND from Councilman Chappas, no call for discussion for clarity, Mayor Bice called a voice- vote X5 unanimous aye votes.

Communications Meeting minutes, Safety Minutes???

Comments by Public – Folks this is where transparency disappears for the public.  This line item appears AFTER all the votes are taken, no questions can be asked of the council and the council usually nods their heads and forgets about any public concerns on any of the items voted upon before the public had a chance to make their opinions on any particular line item of the agenda prior to vote.  TRANSPARANCY JUST HAD BIG BUCKET OF MUCK DUMPED ALL OVER IT!

I did address the council asking the status of my Freedom of Information request submitted on May 30, 2025, via mail requesting the following information:

  • List of City Council member rate of pay per meeting and/or per hour for regular Spirit Lake City Council Meeting.
  • City Council member rate of pay per meeting and/or per hour for special meetings of the Spirit Lake City Council.
  • List of sitting city council members who have attended the Iowa League of Cities recommended MLA (Municipal Leadership Academy which lays out council roles, municipal finance and budgeting, legal responsibilities, meeting procedures, council effectiveness and other important issues new council members will need to function properly.

     I also asked the council for a description/definition of City Attorney and City Administrator and received no response.

 ADJOURNMENT CALLED. MOTION by Councilman Chappas, 2ND by Councilman Brockmeyer and with a voice vote a unanimous X5 Aye vote and the meeting was adjourned.

05/27/2025 A Voice From the Gallery

“…To contract new debts is not the way to pay old ones…”

George Washington

The May 27, 2025, meeting of the Spirit Lake City Council was called to order at 5:30 p.m. by Mayor Kevin Bice with five council members present:  Brett Johnson, Angela Kofoot, Keith Brockmeyer, John Chappas, and David Mensing.

The Pledge of Allegiance was recited and so the council settled down to proceed through the agenda.

Agenda Item # 1 was the consent agenda dealing with the approval of the special council meeting minutes of May 7, 2025 and the regular meeting of May 13, 2025. For those of you who do not know the concept of a consent agenda, a consent agenda is a portion of a meeting agenda that presents a grouping of routine or non-controversial items together, allowing them to be approved with a single motion and vote. The alleged purpose of this move is to save time and consideration by the council which ultimately results in the avoidance of separate discussions on each item thus clouding transparency.

For example, the meeting of May 7, 2025, which was dubbed a special meeting.  Present at this meeting was Mayor Bice, Councilman Johnson, Councilwoman Kofoot, Councilman Brockmeyer, Councilman Chappas, Councilman Mensing and City Attorney Gregg Owens at the 6:00 p.m. meeting.  It was noted in the minutes of this special meeting, “…motion by Councilman Brockmeyer, second from Councilman Mensing to go into a closed session pursuant to Iowa Code section 21.5 (c)* which states,

“…To discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the positions of the governmental body in that litigation…” 

A roll call vote was taken with a unanimous vote Aye X 5 to go into executive session.  Unfortunately, the minutes fail to state how long the session was and at what time the meeting was adjourned.  Just the notation that,

“Motion by Chappas, seconded by Johnson to go out of closed session.  Roll call vote taken…” 

Followed by a Motion by Chappas, second by Johnson for adjournment with apparently no action taken. 

Approve the warrants of May 2025.

Agenda Item #2    Iowa Lakes Corridor update.  Two gentlemen from the Iowa Lakes Corridor, Curt Strouth- President/CEO and Trevor Smith- Senior Vice President of Economic Development spoke to the council with regard to their adopted initiatives of 1) workforce development and 2) entrepreneur pitch which dealt with available grant moneys and seed moneys.

          Agenda Item #3  Discussion and possible action regarding Wellmark Health Insurance with ICT and SISCO.  Action taken to approve contract, motion by Chappas, second from Brockmeyer with a unanimous X 5 Aye vote.

          Agenda Item #4  Discussion and possible action regarding Civic Systems computer software:   Action taken to approve (Option 3) a three (3) year contract with a motion from Brockmeyer with a second coming from Johnson, approval of the motion was a unanimous X 5 Aye vote.

          Agenda Item #5   Discussion and possible action regarding School Resource Officer Agreement.  Action taken to approve with a Motion from Kofoot, a second from Mensing to approve negotiation for a three (3) contract.  Approval of the motion was a unanimous X 5 Aye vote.

          Agenda Item #6   Resolution approving a plan and specification, setting public hearing and potential bid letting for 2025 City of Spirit Lake Pointe of Pines Third (3) Addition Infrastructure Improvement Project.  This Resolution was approved with a motion from Johnson and a second from Mensing and a unanimous X 5 Aye roll call vote.

          Agenda Item #7   Appointment to the Low Rent Housing Authority.  Gary Caviness appointee was approved with a motion from Brockmeyer and second from Kofoot, with a unanimous X 5 Aye vote.

          Comment from Councilman John Chappas, announcements and discussion on the projected start of the 23rd street improvement project.

Adjournment    Motion to adjourn the meeting by Chappas, seconded by Johnson and with a unanimous X 5 Aye vote the meeting was adjourned at 6:00 p.m.

05/03/2024 Voice from the Gallery

Success is never final; failure is never fatal. It’s courage that counts.

John Wooden

I have not made it to council meetings as you all know.  It is not because I do not care nor is it because I am no longer interested but I find I must sit back and let others take on the reporting now for their empowerment.

Alcester City Finance Officer David has video-taped and made city council meetings available to the public and the mayor and council have supported him in this endeavor.  It is a great move forward.

I have heard accounts which have arisen and while I cannot report them because I did not witness them myself.  I will however, take this opportunity to suggest some changes for the council to look into with the idea of adopting.

Regarding legal issues and legal advice, I would suggest to the council to take these steps into policy.  First when the city goes into Executive Session, it is my opinion that complete notes are kept by the city and by the city attorney for the purposes of legal standing.  It is imperative for both the mayor/city council and the city attorney each have an approved record of what was discussed for archival purposes. These ES (Executive Session) minutes would not be subject to open records request and would only be accessible through Judiciary approved access.

The logic behind these ES special session records would be to the protection of the council and the city attorney equally and severable.  The city attorney’s purpose is to advise the city of on actions available, actions which could or should be taken and possible consequences of actions arising out of any issue which may come before the council regarding legal issues.  The Mayor and Council may take this advice verbatim, ignore the advice in part or in whole, or come up with a mutually agreeable position per statute the City/Mayor may take on any given issue.

This recording of discussion and minutes would come into play in the event where the council makes a decision to act solely upon advice of the city attorney basing their collective decisions and relying on the advice of legal counsel. 

Where this is comes into play is when legal counsel advices a mayor and city council to take a particular action for which the Mayor and City council are consequently sued jointly and severally.  This means the council is sued as a group and individually and the city attorney tells the group, “You will have to each have to have your own attorney, I cannot represent you.”  So, who bears the cost?  How does the group prove they acted upon advice of counsel?

In addition, the city of Alcester must require an itemized billing statement each month for services rendered and for which the city attorney is billing the city of Alcester.  This itemized statement would report how many hours were spent on each issue before the city for that month, how many meetings and hourly fees charged with non-council players.  i.e.  Geoff Fillingsness, law enforcement for the city and et.al. How many court appearances, petitions, briefs and other necessary filings in local courts are being billed for each month with a final summary of all time spent on each issue at its completion, decision and awards levied against the city or awards in payment to the city.  The Council and Mayor need this information to make their decisions. 

I have spoken to the council in session toward this inventory in the past and I did have a short conversation with City Attorney Sam Nelson after that request.  I am aware of the privacy of Executive Session but the itemized statement and the minutes of the Executive Session would be kept private unless a Judge releases and/or declares the information public in nature.  Executive Sessions are not public generally due to the sensitive nature of employee discussions, contractual discussions, and so-forth which may set an individual up for public censure.  Having been the target in an Executive Session in which I requested/wanted the session to be public and recorded. was denied with a law-school-student-city-council-member making the statement, “…Executive Session was for the protection of the council not me…”

The Mayor and Council need to have this record and itemized statements in written/recorded form to be able to put up a reasonable defense of any actions taken by the council jointly or severally.    

                                                              Vickie A. Larsen

02/06/2024 A Voice From the Gallery

“…A city is not gauged by its length and width, but by the broadness of its vision and the height of its dreams…” 

Herb Caen

“…There is nothing here that’s broken that can’t be fixed, but it won’t happen on its own!…” 

Mitch Landrieu

The February 6, 2024, 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,  Councilwoman Julia Sundstrom, and Alcester Finance Officer David Hodgson, Councilman Brian Johnson was absent as well as City Attorney Sam Nelson.

Agenda Item #3 –Approve the Agenda (00:37.39) Motion by Councilwoman Sundstrom, Seconded by Councilwoman Reppe, no further discussion.  Motion passed 4 X aye votes.

Agenda Item #4 – Vacant Ward I. (00:01:04.67) Vacant Council Seat Candidate interviews if needed.  Since there were no candidates present for this vacant Ward I seat, no action was taken. 

Agenda Item #5  – Approve January 16, 2024, regular meeting minutes.  (00:01:13.32)  Motion by Councilman Hedden, Seconded by Councilwoman Hatle, no further discussion.  Motion passed X 4 aye votes.

Agenda Item #?  –  Public Input (00:01:38.84)– Vickie Larsen had public;  Aaron Larsen addressed the council regarding dissolution of the Alcester Police Department, Kama Johnson addressed the council regarding the sale of the downtown bar.

Agenda Item #6  – Water Meter project presentation  Core & Main (00:12:05.61)

Agenda Item #7  – Public Safety (00: 36:42.59)  Union County Sheriff Dan Limogesa) Blank

b)  PD inventory by City Council

i)  Motion to approve inventory of Alcester Police Department as surplus.  Motion by Councilman Hedden, Second by Councilwoman Sundstrom, no further discussion.  Motion passed X 4 aye votes.

ii)  Motion to approve sale of surplus property of City of Alcester Police Department.  Motion tabled for complete inventory.

iii)  Motion to approve surplus of Dodge Ram PD vehicle, vin 1C6RR7XT7HS821450.  Motion table for complete inventory.

Agenda Item #8  – Bar Update discussion of the appraisal price and a final inventory update.  (00:01:00:40.01)

Agenda Item #9  –   Clubhouse/Golf Course (00:01:21:32.36)

a)  Motion to approve purchasing advertisement in the South Dakota Womens Magazine for Morningside Event Center for up to $525.00 for two months-Landon.  Motion by Councilwoman Reppe, Second by Councilwoman Sundstrom, no further discussion. Motion passed X 4 aye votes.

b)  Motion to approve $580.00 for annual one-half (1/2) page advertisement in the Sioux Links Magazine-Landon.  Motion by Councilwoman Hatle, Second by Councilwoman Reppe, no further discussion. Motion passed X 4 aye votes.

c)  Motion for approve hireing McKenna Huenik as a server at $7.87 per hour effective immediately.  Motion by Councilman Hedden, Second by Councilwoman Sundstrom, no further discussion. Motion passed X 4 aye votes.

d)  Clubhouse Signs-(Landon/Darla)  Selection of sign choice #103246 at projected cost of $48,675.00 to come from the 2nd (second) penny sales tax fund and donations. Motion by Councilwoman Reppe, Second by Councilwoman Sundstrom, discussion included selection of sign design with projected cost and funding source for payment. Motion passed X 4 aye votes.

e) Golf Fees on 2024 Resolution of golf Fees discussion

i)  Motion to approve amending 2024 resolution of fees to change High School land College rates so they do not increase after 5/15/2024.  Motion by Councilwoman Reppe, Second by Councilwoman Hatle, no further discussion. Motion passed X 4 aye votes.

ii)  Motion to approve decreaseing the All-Day golf rate, with cart, from $60.00 to $40.00 and adding this descrease excludes after 4:00 p.m. on Tuesday and Thursday for golf league.  Motion by Councilwoman Sundstrom, Second from Councilwoman Reppe, no further discussion.  Motion passed X 4 aye votes.

Agenda Item #10  – Finance Office  (00:01:40:10.21)

a)  Motion to approve January warrants.  Motion by Councilwoman Reppe, Second by Councilwoman Hatle, no further discussion.  Motion passed X 4 aye votes.

Agenda Item #11 – Union County Fair (00:01:42:37.69 )  Fair Board (August 1-August 3, 2024)  Update by Councilwoman Reppe who spoke to the date placement of the Tractor pull and Union Commissioner budgeting more money to the fair but contingent of fair attendence result.

b)  Motion to approvea donation to the Union County Fair in the amount of $500.00.  Motion made by Councilwoman Hatle, Second from Councilman Hedden, nor further discussion.  Motion passed X 4 aye votes.

Agenda Item#12  – Wastewater Updates  (00:01:49:55.93) 

 a)  Motion to approve payment application #9 to Industrial Process Technology (IPT) in the amount of $63,658.71.  Motion was made by Councilwoman Sundstrom, Second by Councilwoman Reppe, no further discussion.  Motion passed X 4 aye votes.

b)  Motion to approve payment of Invoice #41786 in the amount of $1,352.17 to Banner Engineering for work completed in January.  Amendment to amount to show $3608.63 correction.  Motion was made by Councilwoman Hatle, Second by Councilman Hedden, no further discussion other than amendment to cost number. Motion passed X 4 aye votes.

c)  Motion to approve reimbursement to John Serck for Invoice from Dan’s Drain and Dust Cleaning in the amount of $446.04 due to city line  clog.  Motion by Councilwoman Sundstrom, Second by Councilman Hedden, no further discussion.  Motion passed X 4 aye votes.

d)  Motion to approve payment of invoice #9016 from Dan’s Drain and Dust Cleaning in the amount of $860.00 for the city line clog.  Motion by Councilwoman Hatle, Second by Councilwoman Reppe, no further discussion.  Motion passed X 4 aye votes.

e)  Motion to approve Job Title change for city employee Lonne Johnson from Street Superintendent to Superintendent of Public Works.  Motion was made by Councilwoman Reppe, Second by Councilwoman Hatle, no further discussion.  Motion passed X 4 aye votes.

f)  Motion to approve advertising for Assistance Superintendent of Public Works Position.  Motion was made by Councilwoman Hatle, Second by Councilwoman Sundstrom, no further discussion.  Motion passed X 4 aye votes.

Agenda Item #13  –  Union County Pre-Disaster Mitigation Planning (00:01:55:09.07) – Finance Officer Hodgson/Jeff Nohava.  Brief discussion.  Jeff Nohava not present.

Agenda Item #14   Street Department  (00:01:56:39.15)

  1. Contract labor rates discussion. 
  2. Motion to approve changing Contract Labor rate to $17.00 per hour for non-CDL operations and $20.00 per hour for SDL perations for snow and asphalt driving.  Motion was made by Councilwoman Sundstrom, Second by Councilwoman Reppe, no further discussion.  Motion passed X 4 aye votes. 

c.  Motion to approve request to purchase new Stihl MS 500i or 600 chainsaw for amount up to $1700.00.  Motion was made by Councilwoman Reppe, Second by Councilman Hedden, no further discussion.  Motion passed X 4 aye votes.

     Agenda Item #15  Text Alert System (00:02:04:27.59) 

  1.  Motion to approve TextMyGov proposal for text alert system up to the amount of $2800.00  Motion by Councilwoman Hatle, Second by Councilwoman Reppe, discussion included the up to amount phrasing and all departments share the cost of this system.  Motion by Councilwoman Reppe, Second from Councilman Hedden, no further discussion.  Motion was passed X 4 aye votes.

    Agenda Item #16 – Executive Session (00:02:14:37.44)  Not needed.

   Agenda Item #17  ADJOURN  (00:02:14:44.80)   Adjourned 8:15 p.m.

* I congratulate the Current City Council and Mayor Driesen on their hard work in fixing and attempting to fix what was broken by accident and intent by past actors. Keep up the good work for the citizens of Alcester, future residents of Alcester, local businesses, being role models for our youth and for yourselves.

11/21/2023 A Voice From the Gallery

“A hypocritical businessman, whose fortune had been the misfortune of many others, told Mark Twain piously, “Before I die, I intend to make a pilgrimage to the Holy Land.  I want to climb to the top of Mount Sinai and read the Ten Commandments aloud.”  “I have a better idea,” suggested Twain.  “Why don’t you stay right at home in Boston and keep them?”

The Wit and Wisdom of Mark Twain

Mark Twain

The November 21, 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,  Councilwoman Julia Sundstrom, Alcester City Attorney Austin Felts Councilman and Alcester Finance Officer David Hodgson, Councilman Brian Johnson was absent.

Agenda Item #3 – Approve the Agenda-  (00:39.18)  Motion was made, seconded, no discussion with unanimous approval of four (4) Aye votes.

Agenda Item #4 – Vacant Ward I Council Seat Candidate interviews if needed.  Since there were no candidates present for this vacant Ward I seat, no action was taken.  (00:01:10.20)

Agenda Item #5  – Approve November 7, 2023, regular meeting minutes.  (00:01:19.49)  Motion was made, seconced, no discussion with unanimous approval of four (4) Aye votes.

Agenda Item #6  – Approve November 9, 2023, Special meeting minutes. (00:01:37.42)  Motion was made, seconded, no discussion with unanimouse approval of four (4) Aye votes. 

Agenda Item #7  – Public Input (00:01:59.62) Vickie Larsen had public input. (00:02:06.60) I made the following comment regarding MY blog,

“…I want to reiterate something that was discussed in a meeting I was not present at.  I am the author of ‘avoicefromthegallery’, it is MY opinion!  If anybody has a problem with it…they contact me!  DON’T jump all over the city!…

thank you.

Agenda Item #8  –  6:15 p.m. Public Hearing  Phase I Sanitary Sewer Collection System Improvements (00:02:35.11)

Agenda Item #9  – 6:30 p.m. Public Hearing Variance request for 301 Lincoln Drive, Alcester.  (00:02:52.22)

Agenda Item #10  – Finance Office  (00:03:05.01)

  1.  Approve abatement of taxes on 505 Ofstad, 204 Ofstad and 103 west second street. (00:03:12.26) Motion made, seconded, no discussion with unanimous approval vote of four (4) Ayes.
  2. Approve payment of taxes still due o properties of 505 Ofstand, 204 Ofstad and 103 West Second in the amount of $321.64.  (00:03:48.53) Motion made, seconded, no discussion with unanimous approval vote of four (4) Ayes.
  3. Approve purchase of Banyon Software per proposal to include UBLite Software, UBLite Online Pay module and annual support costs for $4,010.00.  (00:05:01.06) Motion made, seconded, no discussion with unanimous approval vote of four (4) Ayes.
  4. Approve purchase discounted Banyon Software for fund accounting software for $3,196 and payroll software for $1,836 through South Dakota Municipal League discount program.  (00:06:00.52 ) Motion made, seconded, no discussion with unanimouse approval vote of four (4) Ayes.
  5. Approve sponsorship of Union County Fair 2024.  (00:06:43.36)  TABLED
  6. Approve donation to Alcester-Hudson High School after prom 2024. (00:07:56.13)  TABLED

Agenda Item #11 – Waste Water Treament Plant –  (00:09:17.89)   Motion to approve change order #5.  This involves a change in the contract price.  Original contract price was $5,338.000.00 plus increases from change orders 0-4 in the amount of +$27,743.05 bringing to new contract price to $5,360,186.65.  Change order #5 will add an increase of $9,635.86 bringing the total contract price to $5,375,378.91 with substantial completion date of November 30, 2024.  These costs are attributed to the second re-bid.  This project is important to the city of Alcester in that this involves repairs and necessary upgrades due to necessity not whim.  Motion was made, seconded with no discussion, unanimous approval vote of four (4) Ayes.  Folks keep in mind the hard, difficult decisions the council of today is being forced to make due to decisions in the past.  Motion made, seconded, unanimous approval vote of four (4) Ayes.

Agenda Item#12  – City Utilities  (00:10:31.17)  Discussion onLand fill price increases, (L.P. Gill) and contract with Fischer expires December 31st.

Agenda Item #13  – Legal Updates (00:13:28.38)  Second Reading of Ordinance 2023-09  Speed restriction in trailer park.  Motion, seconded, unanimous approval vote of four (4) Ayes.

REVISIT OF AGENDA ITEM #8  PHASE I SANITARY SEWER COLLECTION SYSTEM IMPROVEMENTS.  (00:16:31.69)  TANYA MILLER  (00:22:07.84)  HARLEY FERGUSON – SECOG  (00:37:12.58)  Motion made, seconded to authorize application for public funding of Phase I Collection System Improvement with Banner CBDG and state Revolving Loan Funding unanimous approval vote of four (4) Ayes.

REVISIT OF AGENDA ITEM #9   – VARIANCE FOR 301 LINCOLN DRIVE.  (00:38:08.14)  Council took no action after explanation, due to lack of information on property lines. 

AGENDA ITEM #14  OLD SCHOOL BUILDING   (00:42:36.66)  Discussion took place on a proposed 6 month lease agreement with Alcester Industrial Park in the amount of $1000.00 including gas and electric utility costs for city offices.  Motion made, seconded and unanimous approval vote of four (4) Ayes for a six month lease agreement.

AGENDA ITEM #15 CLUB HOUSE DISCUSSION (00:56:57.65)  Discussion with Councilwoman Kendra Hatle regarding employee acknowledgement document to job description, duties of job, restrictions regarding duties, agreement to these provisions of employment and signature acknowledging prospective employee.

AGENDA ITEM #16 EXECUTIVE SESSION  SDCL 1-25-2.3 LEGAL COUNSEL  (00:59:25.64)  Motion made, seconded, and unanimous approval vote of four (4) Ayes.  Council went into Executive session at 7:00 P.M. and back into open session at 7:42 P.M.  No action taken on subject of executive session.

AGENDA ITEM #17  ADJOURN  (01:00:42.45)  

07/18/2023 A Voice From the Gallery

You have enemies?  Good.  That means you stood up for something, sometime in your life.

WINSTON CHURCHILL

https://youtu.be/WYUHCMFzVFY?si=gFnIpCBbNk-UUcfI

The July 18, 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, Councilman Kyle Van Den Hul,Brian Johnson, Alcester City Attorney Sam Nelson and Alcester City Attorney Austin Felts.  This happened before recording began.

* I will note here that I am transcribing this information solely and directly from the recording of the July 18, 2023, meeting October 27, 2023.         

Agenda item #3  Approve Agenda.  Approved

Agenda item #4  Public Input  (00:19.39) Public input was received by Councilwoman Cyndi Peeples and Councilwoman Kendra Hatle.  (00:08:26.47) “Bookkeeping schooling” from an unknown female. 

My opinion of this query/interrogation, is that this individual has little to no experience in Class II (those with populations of 500 to 5000) South Dakota Municipal bookkeeping/accounting.

Agenda item #5   Community Center/Golf Course  (00:13:23.30)  Update was given by Landon Nygard.  Discussion of needed a double door freezer.

Agenda Item #6   Employee matter   (00:21:41.67)  Executive session SDCL 1-25-2.1 discussion from 6:23 P.M. to 8:19 P.M. which given the roll call vote taken at 7:53 P.M. in the July 24, 2023, special meeting, culminated in the termination of Patricia Jurrens as Alcester City Finance Officer. 

Agenda item #7   Police Department  (00:22:46.41)  Discussion and updates included the ever present need for part-time law enforcement, the need for hire wages for the department and the lack of cooperation between the sheriff’s department with regard to mutual aid situations.

Agenda item #8   Legal Updates (00:40:24.84)  After the action discussed in Agenda item #6 any need for update was not shareable.

Agenda item #9  East Clark Building Permit  (00:40:38.43)  This issue involved a commentary by Cecil Gylfe and John McDaniel with regard to the railroad easement and FCS building permit.  At no point in the video nor in Finance Officer Pat Jurrens rendition of the July 18, 2023, city meeting minutes did I hear or see an approval to issue a building permit to FCS for their scales.  (00:52:27.70)  Executive session SDCL 1-25-2.3 Legal counsel in at 8:49 P.M., out at 9:12 P.M.

Agenda item #10  Fairgrounds Evidently was tabled to the next meeting.

Agenda item #11   Camera Quote  (00:53:25.36) 

Agenda item #12   Burn permit   (00:54:04.44)  Flag retirement

Agenda item #13   Finance Office Update  (00:54:51.18) 

Agenda item #14   Executive session not needed  (00:01:01.57)

Agenda Item #15    Adjourn  (00:01:11.02)   9:19 P.M.

*This video was delayed in publication. Many things were going on, I had someone else video the meeting and it took me forever to get back to it and process it. I do apologize.

10/17/2023 A Voice From the Gallery

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

10/03/2023 A Voice from the Gallery

THINGS ARE LOOKING UP,  FINALLY

I would like to take this opportunity to thank our mayor and council members for all they have endured, the extra miles they are taking to get our city back on track.  I know the time, effort and research you all have taken to rescue our city.  We are still not out of the woods, but with the help of residents, Mayor Driesen and our council, Councilwoman Reppe, Councilwoman Peeples, Councilman Hedden, Councilman Johnson, Councilwoman Hatle and Councilwoman Sundstrom.  Folks I have gone through just four or five tubs of city records which I had requested FOIA and for which I paid the fees for copying, and I cannot even imagine the time Councilwoman Kendra spent trying to get the city budget in line and on time.  Thank you for the councilmembers who have vounteered their time and expertise to solve some of the city’s more pressing problems.

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 Finance Officer David Hodgson and Alcester City Attorney Austin Felts.

Agenda item #3   Approval of the agenda.  The agenda was approved with the amendment of adding an executive session 1-25-2.1 Personnel to agenda item #8 Finance Officer to accommodate a change in employment of current staff, and approving authorization on city bank accounts.  Motion was made by Councilwoman Peeples to approve the agenda as amended; Second came from Councilman Johnson.  Unanimous vote aye, motion passed.

Agenda item #4   Approval of minutes.  (00:01:46.84)   Councilman Hedden moved to approve the minutes of the September 12, 2023, meeting and the minutes of the September 19, 2023, meeting as written.  Unanimous vote aye, motion passed.

Agenda item #5   Approval of warrants.  (00:02:27.51)   Councilwoman Peeples moved, Councilman Johnson seconded to approve the warrants from July 2023 through September 2023.  Unanimous vote aye, motion passed.

Agenda item # 6   Public Input (00:02:58.53)     (00:03:06.46)    Vickie Larsen input dealt with City Visa credit cards/statements and the computer App titled ‘work from home’ which was purchased the former finance officer.     (00:06:55.16)    Kyle Kleinschmit input dealt with the circumstances surrounding his resignation as full-time officer.     

Agenda item #7   Finance Office (00:09:10.64)   Motion from Councilman Johnson, second from Councilman Hedden to go into Executive session 1-25-2.1 Personnel.  Unanimous vote aye.  In executive session at 6:10 p.m. and out of executive session at 6:44 p.m.  (00:10:18.07)   Motion by Councilwoman Reppe, second by Councilwoman Sundstrom to hire Abigail Moore part-time in the finance office starting October 7, 2023 through October 31, 2023, at $25.00 per hour rate.  Unanimous vote aye.  (00:10:50.94)   Motion by Councilman Johnson, second by Councilwoman Peeples to authorize Finance Officer David Hodgson as User ACH at Premier Bank-City Bank accounts.  DISCUSION   IT WAS NOTED ON THIS ACTION OF AN PROCEDURAL ERROR BY COUNCILWOMAN REPPE.  PROCEDURALLY FORMER DEPUTY FINANCE OFFICER ABIGAIL MOORE HAD TO BE REMOVED FROM THE PREMIER ACCOUNT DUE TO HER EMPLOYMENT CHANGE, THEN MOTION COULD BE MADE TO AUTHORIZE FINANCE OFFICER DAVID HODGSON AS ONLINE BUSINESS USED ACH PREMIER BANK.  (00:13:16.01)   Motion by Councilwoman Reppe, second by Councilman Johnson to remove Abigail Moore as authorized user on the city accounts at Premier Bank.  Motion passed by unanimous vote aye.  (00:14:15.06)   Motion (do over) by Councilman Johnson, second by Councilwoman Peeples to approve Finance Officer David Hodgson as authorized ACH user on the city bank accounts at Premier Bank.  Unanimous vote aye.

Agenda item #8   Police Department Update    (00:14:47:70)  Chief  Thompson gave an abbreviated update with some concerns.  (00:16:26.00)   Motion to go into Executive session to discuss PD personnel SDCL 1-25-2.1   Unanimous vote aye.  Council moved into Executive session to discuss hiring a part-time police officer at 6:50 P.M.  (00:17:02.18)   Council out of Executive Session at 7:04 P.M.  (00:17:10.13)   Motion was made by Councilwoman Peeples to hire Jason Baker as part-time police officer at $25.00 per hour, seconded by Councilwoman Hatle, motion passed with unanimous aye vote to hire.

Agenda item #9   City Website Renewal   (00:17:44.94)  Discussion included the renewal due date, the limited, convoluted administrative issues with this website.  Discussion took place on finding a better suited website and just plain over-all user-friendly city website which would cover all of the city’s needs.  Decision on final requirements to take place October 17, 2023, meeting.

Agenda item #10   Legal Updates     (00:27:04.73)  Discussion on the Property Maintenance ordinance with regard to fair for all not just a handful of residents. 

Agenda item #11   Summer Rec Program   (00:42:48.93)   Question over the lack of the city’s past funding contribution of $500 per year in past year few years.

Agenda item #12    Community Center   (00:51:15.47)   Pay the balance due even though it seems a final inspection has not been made or construction failures not corrected and discussion.

          Agenda item #13    Streets   (00:58:52.49)   John Deere repairs.  Discussion on repair or replace.  $7250.00 project cost of repairs which has already been approved versus what sounded like to me exorbitant machine replacement cost on a ‘new’ used machine. 

          Agenda item #14    City Government   (00:01:02:23.15)  A social event designed to involve residents with their city officials.  Discussion took place and develop a plan and date for this event.

          Agenda item #15   City Insurance   (00:01:05:30.29)  Discussion and review of city insurance policies.  At present the city insurance plan is replacement versus used.  $38,642.00 fee.

          Agenda item #16    Executive Session if needed    (00:01:07:11.54)  Was not needed.

          Agenda item #17      Reminders   (00:01:08:02:11)  Recap of upcoming events and a review of what clean items would be allowed in the dumpsters.

          Agenda Item #18    Adjourn     (00:01:10:07.90) 7:58 P.M.

          As you have seen on my blog, I have published the number and ilk of the anonymous, malicious maelstrom of Mailed letters I received.  Thank you, Anonymous Annies, for making it easy for me to prove what type and genre of harassment to which our Mayor and his family were exposed.  To date I have received 35 plus anonymous, malicious missives and I am still receiving them. 

I longer need to allow you any place on my blog to prove my point.

Contact City Council

Mayor Lukas Driesen

Councilwoman Darla Reppe

Councilwoman Cyndi Peeples

Councilman Kerry Hedden

Councilwoman Kendra Hatle

Councilwoman Julia Sundstrom

Councilman Brian Johnson

Finance Officer David Hodgson