Regular Meeting of the Common Council of the City of Lake Andes, SD, Wednesday, May 6, 2020 at 6:00 pm at the Lake Andes Community Building. The governing board of the City of Lake Andes met Wednesday, May 6, 2020 at 6 pm at the Lake Andes Community Building. Present were Mayor Ryan Frederick, Councilman: Amanda Frandsen, George Hazuka, Kevin Tschumper, Ray Parker, Steven Nielsen and Jim Nelson present at 6:42 pm. Others present were Debbra Houseman-City Finance Officer, Tim Medicine Horn Maintenance Supt., Mary Jo Parker-Librarian, Sheriff Randy Thaler, Lee Linnell and Doug Johanesson. Mayor Frederick called the meeting to order at 6:02 pm. The council stood and recited the Pledge of Allegiance. The Agenda was reviewed. Motion by Parker, second by Frandsen to approve the agenda with the addition of an executive session for litigation and the Baseball field Agri-lime. All in favor, motion carried. Nelson absent. The minutes were reviewed. Motion by Frandsen, second by Hazuka to approve the minutes from the following meetings: Regular Meeting April 6, 2020, Special Meeting April 14, 2020, Special Meeting April 27, 2020 and Special Meeting April 30, 2020. All in favor, motion carried. Nelson absent. The Bills and Claims were reviewed. Motion by Parker, second by Tschumper to approve payment of the following Bills and Claims:

City of Lake Andes General fund warrants for the month of: April 2020 Date To Description Amount

4/15/2020 Andes State Bank, April 2020 Truck Payment $787.84; 4/22/2020 Avera Health Plans, May 2020 Health Premium $2,841.23; 4/15/2020 Charles Mix Electric, Internet $38.95; 4/22/2020 Delta Dental, Dental Insurance $166.00; 4/27/2020 Internal Revenue Service, 941 Payroll Taxes PP9 $1,345.52; 4/9/2020 Internal Revenue Service, 941 Payroll Taxes LPR 4 $254.72; 4/9/2020 Internal Revenue Service, 941 Payroll Taxes PP8 $1,420.49; 4/9/2020 Mary Jo Parker, Mileage and Meals to Chamberlain for training $88.88; 4/15/2020 Rural Development, Sewer Loan Project $167.00; 4/15/2020 Rural Development, Water Project Loan $1,765.37; 4/28/2020 US Postmaster, 13 Rolls Postcard Stamps 1 roll letter stamps $455.00; 4/29/2020 SD Retirement Systems, April 2020 Contribution $1,428.26; 4/28/2020 US Postmaster, Stamps for Office $55.00; 4/13/2020 Payroll, PP8 $4,731.38; 4/27/2020 Payroll, PP9 $4,322.23; 4/5/2020 Payroll, LPR4 $1,361.63

Total $21,229.50 The above warrants have already been paid for the City of Lake Andes month of April 2020 General fund warrants for the month of: May 2020 Date To Description Amount

5/6/2020 AT&T, Long Distance $78.47; Bomgaars, Supplies $384.04; Braveheart Society, Return Deposit and Credit $207.49; Cahoy's General Store, Supplies $17.04; Charles Mix County Sheriff, May Randall Telephone, Telephone 2020 Police Contract $9,000.00; Ft and Internet $308.40; Graham Tire Service, Bat Wing Mower Tires $182.46; Lake Andes Coop, Supplies and Fuel $649.82; Mark's Machinery, O-Ring, Coupling and Fitting $35.70; Mary Jo Parker, Supplies for Library (Reimbursement) $45.50; Northwestern Energy, Electrical Service $4,050.78; Office Products Center, Paper Towel, copy count and copy machine lease $338.90; tions $964.38; Randall Comm Water Pechous Publications, Publica-District, Water Usage for April 2020 $10,527.00; Rog's Auto Inc, Parts $39.99; SD Dept of Health, Water Samples $196.00; SD Dept of Revenue, Garbage Tax $308.39; Santander Bank, Payloader Payment $995.36; South Dakota One Call, Locate Tickets $27.30; Southern Missouri Recycling, Landfill Fees $1,051.54; Verizon Wireless, Cell phone Service $291.14; Wagner Auto Supply, Fuel Filters $45.47

Total $29,745.17

All in favor, motion carried. Financial Statements for the Nelson absent. month of April 2020. Motion by Hazuka, second by Tschumper to accept the financial statements presented Bank Statement Balance as of April 30, 2020 $584,255.39, Lake Andes Carnegie Library Bank Statement as of April 30, 2020, $385.79, LA Youth Rec Account as of April 30, 2020, $7,856.93. General Fund Expenditures for the month of April 2020 $31,362.38, revenue for the month of April 2020 $51,762.53. General Fund reserve as of April 2020 $90,424.08. Water Fund expenditures as of April 2020 the month of April 2020 $17,337.86. $18,307.29. Water Fund Revenue for 2020 $389,972.18. Sewer Project Water Fund Reserve as of March Fund Bank Statement as of April ditures as of April 2020 $7,072.29. 2020 $4,642.08. Sewer Fund Expenditures Sewer Fund Revenue as of April 2020 $9,022.50. Sewer Fund Reserve as of April 2020 $62,594.02. Sanitation Fund Expenditures as of April 2020 $6,430.09. Sanitation Fund Revenue as of April 2020 $4,710.15. Sanitation Fund Reserve as of April 2020 $22,317.83. Andes State Bank holds $30,500. In CD’s for the City of Lake Andes Enterprise funds. All in favor, motion carried. Nelson absent. Discussion followed regarding the street repair plan. Houseman will contact District III regarding a Community Access Grant. The council reviewed a request to purchase a new blade for the back hoe bucket. The blade was continued to the next meeting. Discussion followed regarding the traffic on Lake Street and a complaint regarding the unnecessary traffic on that street since it is a dead-end street due to the levy. The council directed Medicine Horn to put a No thru Traffic Sign up on the West end of the Street at 9th Ave. Medicine Horn informed the council of the issues that were discovered during the annual inspection that was completed. The forced Main from 6th Ave was discussed. At 6:30 pm the Mayor started the Hay Bids. Lee Linnell and Doug Johanesson. Mayor Frederick opened the bid for the lagoon Linnell bid $50. No opposing bids Bid on the lagoon granted to Lee Linnell at $50. Mayor Frederick opened bids on the airport at $500 Johanesson bid $500. No opposing bids bid granted to Doug Johanesson on the Airport property at $500. The council was informed regarding the Certified Operator for Water Contract. Houseman will work on the contract to make certain it includes all necessary elements. Nelson present at 6:42 pm. The Dump hours were discussed regarding clean up week. Motion by Parker, second by Nielsen to hire Vernon Frandsen to work at the RUS Site at $10 per hour. All in favor, motion carried. Mary Jo Parker, City Librarian was present to give the Library Report. Parker stated that she has been open for curbside pick-up. Parker is working on a reopening to the public policy the plan is to have the library open by May 13, 2020. Parker stated that the State Library has opened up some Cares Grants. The grants are for technology upgrades. Parker informed the council that Library Website is up and going. Motion by Nielsen, second by to authorize Parker to make an application on behalf of the City of Lake Andes Library. All in favor, motion carried. Parker asked if the council would authorize the rental of the Community Building for a memorial June 6, 2020. Mayor Frederick called for a motion to approve the opening the building for rental. The motion died for lack of a motion. The council discussed the Community Garden and the Farmers Market. Sheriff Thaler was present to give the Charles Mix County Law Enforcement Report. Discussion followed regarding a request for the City to hire an individual to take care of the public plots. Motion by Nelson, second by Parker to authorize hiring 1 person at minimum wage to take care of the public plots at the community garden for a total of 120 hours. All in favor, motion carried.

The Council reviewed the Airport Inspection. Discussion followed regarding having someone take a roller down the run way to smooth it out.

The council discussed the information regarding the Agri-lime for the little league field. The council discussed the need for a letter describing the use of the Agri-lime.

Gas purchase will be at Gus Stop during the month of May 2020.

The Building Permits from Bill Kitchenmaster to add a 10X16 Shed on the North side of his property, and Roy Giedd to place a Gazebo on his property, Brian Braun to Move a shed in on property located at 1249 School Street and replace front deck on his property at 1003 School Street and James Houseman to remove a trailer from the property at 622 High Street and relocate it outside of city limits. Motion by Parker, second by Frandsen to approve the Building Permits submitted by Bill Kitchenmaster to build a shed at 815 Church Street, the legal description being Lots 1,2,3 of Blk 1 of Townsite 2 of the town now City of Lake Andes, SD, Roy Giedd to place a gazebo on his property located at 931 Lake Street the legal description being 931 Lake Street the legal being S 150’ of OL F E 250’ Ex W 170’ of the S 140’ of Townsite 3 of the town, now City of Lake Andes, SD, and Brian Braun to move a shed on the property located at 1249 School Street the legal description being Lot 5, Blk 1 of EL View of the town , now City of Lake Andes, SD, Brian Braun to replace the front deck at 1003 School Street the legal being Lot 6, blk 1 of Andes Heights of the town, now City of Lake Andes, SD, James Houseman to move the mobile home located at 622 High street the legal being lot 4, Blk 15 of townsite 1 of the town now City of Lake Andes, SD the mobile home will be moved to a location outside of City limits. All in favor, motion carried.

The second reading of an Emergency Ordinance repealing Ordinance 2020-001. Motion by Tschumper, second by Nelson to pass an Emergence Ordinance #2020-002 on its second reading of an Emergency Ordinance to repeal Emergency Ordinance #2020-001:

ORDINANCE NO. 2020-02 AN ORDINANCE TO REPEAL CITY OF LAKE ANDES ORDINANCE NO. 2020-01.

WHEREAS, the City of Lake Andes has the authority pursuant to SDCL 9-29-1 to pass resolutions for the purpose of promoting the health, safety, morals, and general welfare, of the community, and to repeal said ordinances no longer needed or required; and

WHEREAS, South Dakota Governor Kristi Noem did on April, 28, 2020, issue and sign State of South Dakota, Office of the Governor, Executive Order 2020-20, which removes the ability of the City of Lake Andes to regulate matters involving the CDC regulations on social distancing, number of patrons in locations, and the following of CDC guidelines effective on this and later dates and these matters will now be handled by the State of South Dakota in accordance with Executive Order 2020-20 and the State of South Dakota’s “Back to Normal” plan; therefore,

BE IT ORDAINED By the common council of the City of Lake Andes, that upon motion duly made and seconded, that the City of Lake Andes Ordinance No. 2020-01 is hereby repealed effective this 30th day of April 2020.

Dated this 30th day of April 2020 at Lake Andes, South Dakota.

By: ______________________

Ryan Frederick, Its Mayor Attest: ___________________________

Debbra Houseman,

City Finance Officer

Effective Date: April 30th, 2020

Second reading May 6, 2020

Published: May 13, 2020

Roll Call Vote:

Ayes: Hazuka, Nielsen, Tschumper, Nelson, Parker

Nays: Frandsen Motion passed by a majority

Motion passed by a majority vote 5:1.

The Malt Beverage Licenses were reviewed for renewal. Motion by Nielsen, second by Tschumper to approve the following On/Off Sale Malt Beverage and SD Wine licenses:

Dan Cahoy d/b/a Cahoy’s General Store owner Daniel Cahoy, Lot 7&8, Blk 24, Original Townsite in the City of Lake Andes, Charles Mix, South Dakota.

Travis Schacht d/b/a Duck In Waddle LLC, Lot B-1 of Lot 13-14, Lot B-1 of Lot 13-14 Blk 25, Lot B-2 of Lot 13-14 Blk 25., Lot B-3 of Lot 13-14, N26’ of Lots 13 & 14 of Blk 25 of the Original Town now City of Lake Andes, Charles Mix County, South Dakota.

G.F. Buche Co. d/b/a Gus Stop III On/Off Sale Malt Beverage That part of outlot G in the Northwest quarter of the Northwest Quarter of Sec 9, township 96 North, Range 65 West of the 5th PM lying east of the Third Ave within the Corp Limits of the City of Lake Andes south of Lot H-2 of Lot G in the City of Lake Andes.

Wayne and Rhonda Blair, 4 J Enterprises d/b/a Pump-R Nik’s Off Sale Liquor License, Retail, Lot 3 of the South Side of Outlot A of the NW ¼ of the NW ¼ in the City of Lake Andes, Charles Mix, South Dakota.

All in favor, motion carried. The council moved on to discuss prioritizing for the next equipment purchase. The consensus is that a Street Sweeper will be the top priority for 2020.

The Bull-A-Rama was discussed the council instructed Houseman to notify McKay that Fish Days has been cancelled.

Motion by Parker, second by Frandsen to go into executive session for the purpose of discussion regarding litigation at 7:30 pm.

Mayor Frederick declared the council out of executive session at 7:37 pm.

Motion by Frandsen, second by Nelson to adjourn the meeting at 7:37 pm. All in favor, motion carried.

____________________________ Mayor Ryan Frederick

ATTEST: _____________________________ Debbra J. Houseman,

City Finance Officer

Published once at the total approximate cost of: $125.28.

Published: May 13, 2020