09/09/2025 A Voice from the Gallery

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 #2Resolution 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 #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.

08/26/2025 A Voice from the Gallery

          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.

06/10/2025 A Voice From the Gallery

The June 10, 2025, city council meeting was called to order at 5:30 p.m. by Mayor Keven Bice with the following council members present:  Brett Johnson, Angela Kofoot, Keith Brockmeyer, John Chappas, and David Mensing…absent was Gregg Owens, city administrator/city attorney with the recitation of the Pledge of Allegiance.

Agenda Item #1. Consent agenda

 a. Minutes of the May 27 the regular meeting

b. Bills for June, 2025

c. Treasurer’s Report for May, 2025

d. Retail Alcohol License for Wal-Mart Supercenter #1415 (Class E Retail Alcohol License)

e. Cigarette permits

f. Device Retailer License for Carroll’s Tobacco Outlet Plus LLC

The consent agenda was read as listed on the agenda but with little explanation and no questions from the council on the specifics of the listed items.

Motion by Councilwoman Kofoot, Second by Councilman Johnson with no discussion call for by Mayor Bice and no discussion questions offered by the council, Mayor Bice called for a vote.  It was a unanimous voice-vote X five (5) to pass all of the items listed under the title consent agenda.

Agenda Item #2. Liquor License for V.F.W. Service Club (Class C Retail Alcohol License with outdoor service)

Motion by Councilman Mensing, Second by Councilman Brockmeyer again with no call for further discussion by Mayor Bice and no input from the council members Mayor Bice called for a vote.  It was a unanimous voice-vote X five (5) to approve the Liquor License for the VFW Service Club.

Agenda Item #3. Discussion and possible action re (regarding) street closure for Sportsman’s Tiki Ride.

Present and presented a brief explanation of the action request for street closure was Mr. Tryon sponsor of the Sportsman’s Tiki Ride event.  Once Mr. Tryon finished his brief remarks Mayor Bice called for a motion for approval of the street closure.  Motion by Councilman Mensing, Second from Councilman Brockmeyer, once again with no call from Mayor Bice for discussion and no input from councilmembers, Mayor Bice called for a vote.  It was unanimous voice-vote to approve the street closure X five (5).

COMMUNICATIONS

Meeting minutes:

Comments by Public – Vickie Larsen responded with regard to a FOIA request.

Comments by Mayor, Council, and Staff

Adjournment:  Mayor Bice called for a Motion to adjourn at 5:36 p.m.  Motion by Councilman Chappas, Second from Councilman Brockmeyer and once again with no call for further discussion, Mayor Bice called for the vote.  A unanimous voice-vote X5 for approval to adjourn.

05/27/2025 A Voice From the Gallery

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.

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.