“…In law, a duty of care is a legal obligation to avoid acts or omissions that could reasonably be foreseen to cause harm to others…” As it relates to Iowa Code and described with the context of Chapter 668.1, “fault” in this chapter means one or more acts or omissions that are in any measure negligent or reckless toward the person or property of the actor or others or that subject a person to strict tort liability…”
With that said, I would like to open this “Voice from the Gallery” with the statement prior to the call of Mayor Bice’s call to order of the July 8, 2025, city council meeting, I advised Spirit Lake City Mayor Bice and prior to the appearance of Mr. Gregg Owens that I saw the agenda which had been published on city website had been amended to the extent of a third agenda item by way of a copy of the new agenda placed upon a chair for the attending public. Since this appeared to be a last-minute amendment, I opined the new agenda needed to be approved by the council and prior to the council dealing with any portion of that agenda. Mayor Bice commented to me that it would be taken of which I took to mean the council would be called upon to approve the amended agenda prior to any other council action.
I returned to my seat and started to take note as the council members filtered in and finally when Mr. Gregg Owens presented himself for the meeting. At that point Mayor Bice asked Mr. Owens if the council needed to approve the agenda where Mr. Owens told Mayor Bice emphatically, NO! In the presences of Councilman Brett Johnson, Councilwoman Angela Kofoot, Councilman Keith Brockmeyer, Councilman John Chappas and Councilman David Mensing Mayor Kevin Bice called the meeting to order and failed to have the council approve the agenda.
Now folks Mayor Bice did not address Gregg Owens acting as Spirit Lake City Attorney or acting as Spirit Lake City Administrator when he posed his question to Mr. Owens. So, neither I nor the council had a clue to whether it was Spirit Lake City Attorney Gregg Owens giving his legal opinion or Spirit Lake City Administrator giving his quasi-Robert’s Rules of Order opinion. Since the definition of city administrator is not contained within the staff definition of duties published on the Spirit Lake website I am using a general Iowa definition as, “… In Iowa, a City Administrator is a professional manager appointed by the City Council to oversee the daily operations of the city government. They are responsible for implementing policies set by the council, managing city staff, preparing budgets, and ensuring efficient delivery of public services. Essentially, they act as the chief administrative officer, working to execute the council’s vision and manage the city’s resources effectively…”
So, readers/taxpayers what is the accounting breakdown division of Spirit Lake City Attorney hourly fees and services and the wages/salary per hour of the Spirit Lake City Administrator? I have asked those questions but to date I have received no answer. I have asked for copies of the Resolutions which should be published on the website for the public to read, but I had to pay $.40 per copy for what should be publicly accessible for free.
At 5:30 p.m. Mayor Kevin Bice called the July 8, 2025, city council meeting to order. No approval of agenda.
Agenda Item #1 Mayor Bice called motion approving the consent agenda items. a) minutes, b) bills* to date for July 2025 (what I call warrants), c) treasurer’s report June 2025., d) retail alcohol license Dickinson County Agricultural Society – class c retail alcohol license with outdoor service. It is to be noted here *there is not an itemized document showing the figures or spreads (breakdowns) of the costs provided to the gallery.
MOTION from Councilwoman Kofoot, 2nd from Councilman Brockmeyer, no further discussion or explanation with regards to the bills/warrants from any of the council members. Motion passed with a voice vote X5 unanimous Aye Vote.
So just when does the council ask questions on any particular warrant or bill presented?
Agenda Item #2 Now folks this Resolution is as clear as mud. I have a copy of the form, not completed with names or specifics. The gallery did not have access to the completed notes on the Resolution which states:
RESOLUTION NO._______________
RESOLUTION DIRECTING SALE OF $2, 065, 000.00 (SUBJECT TO ADJUSTMENT PER TERMS OF OFFERING) GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2025)
Whereas. Bids, have been received for the Notes described as follows and the best bid received (with permitted adjustments, if any) is determined to be the following:
$2,065,000 (SUBJECT TO ADJUSTMENT PER TERMS OF OFFERING) GENERAL OLBIGATION CAPITAL LOAN NOTES, SERIES 2025
This document goes on to the name of the bidder and presumably the amount of the bid. Which is not disclosed.
Terms of the award:
Final Par Amount as adjusted: $____________
Purchase Price as adjusted: $____________
True Interest Rate: _____________%
Net Interest Cost: $_____________
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SPIRIT LAKE, STATE OF IOWA:
Section 1. That the bid for the Notes as above set out is hereby determined to be the best and most favorable bid received and, the Notes are hereby awarded as describe above.
Section 2. That the statement of information for Note bidders and the form of contract for the sale of the Notes are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City.
Section 3. That all acts of the Cler done in furtherance of the sale of the Notes are hereby ratified and approved.
PASSED AND APPROVED this 8th day of July, 2025.
Mayor signature____________________
ATTEST:
City Clerk signature____________________________
Agenda Item #2 (continued)
- Receipt of bids — no document for gallery
- Resolution Directing Sale
MOTION by Councilman Mensing, 2nd by Councilwoman Kofoot, No discussion, roll-call vote X 5 unanimous Aye Vote
Agenda Item #3 Street Closure Requests by Chamber of Commerce.
MOTION by Councilman Mensing, 2nd by Councilman Johnson
Discussion by Councilman John Chappas
Voice vote unanimous X5 AYES.
Public Comment
Vickie Larsen
City staff comment
Spirit Lake PD new hire introduction
ADJOURNMENT
MOTION Councilman Chappas, 2nd Councilman Brockmeyer
No discussion, Voice Vote X5 Unanimous Aye vote
MEETING ADJOURNED AT 5:45 P.M.
A Voice from the Gallery 