“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.

• Adjournment time is absent in the minutes.
• The fact that any council member who is participating off site be noted in the official minutes they are participating by telephone or face-time participation.
• *Resolution definition : Statement of policy for cation or internal city business, opinion without the power of law, temporary, majority vote with a single reading and cannot supercede an ordinance.